Loughren v. B. F. Bonniwell & Co.
Supreme Court of Iowa
Appeal from Polk District Qourt.— Hon. James A. Howe, Judge. Suit in equity to enjoin the collection of a judgment rendered in favor of defendant B. F. Bonniwell & Co. against plaintiff herein by a justice of the peace in and for Polk county, Iowa. A temporary writ of injunction was issued, and, upon the filing of an answer, defendants moved to dissolve the temporary writ..
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Appeal from Polk District Qourt.— Hon. James A. Howe, Judge. Suit in equity to enjoin the collection of a judgment rendered in favor of defendant B. F. Bonniwell & Co. against plaintiff herein by a justice of the peace in and for Polk county, Iowa. A temporary writ of injunction was issued, and, upon the filing of an answer, defendants moved to dissolve the temporary writ.. The answer was a general denial of the allegations of the petition, but plaintiff offered testimony in support of the writ, and at the conclusion of the evidence- the trial court dissolved the injunction and dismissed…
1Opinion of the CourtDeemer, C. J.
The action before the justice of the peace was upon a written contract, which, by its terms, was to be performed in Des Moines, Polk county, Iowa. An original notice, regular on its face, save that it was signed in the name of the justice with a stencil stamp, and dated November 1, 1902, was duly served upon the plaintiff herein in Buchanan county, Iowa — that being the place of his residence — returnable November 17, 1902. Plaintiff did not appear in response to this notice, and judgment was rendered against him by default. This suit is not a direct, but a collateral attack upon that…
2Cases cited12 opinions
- Lane v. WalkerCalifornia Supreme Court · 1895
- Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
- Herrick v. MorrillSupreme Court of Minnesota · 1887
- Hoitt v. SkinnerSupreme Court of Iowa · 1896
- Mezchen v. MoreWisconsin Supreme Court · 1882
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3Cited by11 opinions
- Mahoney v. State InsuranceSupreme Court of Iowa · 1907
- Cummings v. LandesSupreme Court of Iowa · 1908
- Ashwell v. MillerIndiana Supreme Court · 1913
- Commercial Credit Corp. v. MardenOregon Supreme Court · 1936
- McGrady v. Munsey Trust Co.District of Columbia Court of Appeals · 1943
6 more not listed; retrieve them via the Exa API.