Wolfe v. E. S. Jaffray & Co.
Supreme Court of Iowa
Appeal from Crawford District Court.- — Hon. George W. Paine, Judge. The plaintiff, as trustee, prosecutes this action in equity to recover judgment against Fanton R. Lawlor, ' on Ms promissory note, and for a decree foreclosing a trust deed on certain land in Crawford county, executed by F. R. Lawlor to tbe plaintiff, as- trustee, 'to secure tbe payment of said note.
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Appeal from Crawford District Court.- — Hon. George W. Paine, Judge. The plaintiff, as trustee, prosecutes this action in equity to recover judgment against Fanton R. Lawlor, ' on Ms promissory note, and for a decree foreclosing a trust deed on certain land in Crawford county, executed by F. R. Lawlor to tbe plaintiff, as- trustee, 'to secure tbe payment of said note. Default for want of answer, and decree of foreclosure were entered against the defendants Fanton R. Lawlor and Lillie C. Lawlor, and judgment on the default against Fanton R. Lawlor. The defendants E. S. Jaffray & Co. and E. S.…
1Opinion of the CourtGiven, J.
1. appeal: by ants onfy?ena" juusdieuon. I. The plaintiff moves to dismiss this appeal upon several grounds, one of which is, that the defendants F. R. Lawlor and Lillie C. Lawlor do not join m the appeal, and were nofc served with notice thereof, in Moore v. Held, 73 Iowa, 540, it is held that, when the appeal is taken by a part of several coparties, service of notice on the other coparties is not jurisdictional; that when notice-is served on the adverse party and clerk, and the clerk is secured his fees, this court has jurisdiction upon such questions in the case as affect only the rights…
2Cases cited1 opinion
- Moore v. HeldSupreme Court of Iowa · 1887
3Cited by3 opinions
- In re Trusteeship of ClarkSupreme Court of Iowa · 1915
- Sullivan v. SullivanSupreme Court of Iowa · 1908
- Fisher v. ChaffeeSupreme Court of Iowa · 1895