Legal Opinion

Lyon v. Byington

Supreme Court of Iowa

Decided December 9, 1859PublishedCited by 4 opinions

Appeal from Johnson District Court. ACTION on a promissory note. The petition prays for judgment for the sum of seven hundred dollars “with interest and costs.” The defendant made a special appearance and objected to the sufficiency of the notice, for the reason that it does not give the name of the state in which the action is commenced. The objection was overruled, and defendant answered. Trial, and judgment for plaintiff, and defendant appeals.

1Opinion of the Court

WRIGHT. C. J.

I. Tbe original notice was not defective in .omitting tbe name of the State. It follows tbe form given in tbe Code, and more is not required.

II. The action was commenced prior to tbe October term, 1857, of tbe Johnson District Court, and judgment rendered in January, 1859. It is not true, therefore, that the judgment was rendered at the appearance term. Appellant, in this respect, mistakes the record. And tb.e same may bo said of tbe assignment, based upon tbe ground that tbe judge trying tbe cause was plaintiff’s attorney. Judge Dillon and not Judge Miller tried tbe cause.

III.…

2Cases cited1 opinion

  1. Butcher v. BrandSupreme Court of Iowa · 1858

3Cited by4 opinions

  1. Bud Hoard Co. v. F. Berg & Co.Supreme Court of Oklahoma · 1929
  2. Fremont County v. Fremont County BankSupreme Court of Iowa · 1909
  3. Galley v. County of TamaSupreme Court of Iowa · 1874
  4. Rhodes v. OxleySupreme Court of Iowa · 1931

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