Preston v. Wright
Supreme Court of Iowa
Appeal from Pottawattamie .District Court. In January, 1877, George F. Wright, one of the defendant’s commenced an action against Amasa E. Swift for the recovery of $16,000, and caused to be attached seven hundred and forty-nine shares of the Council Bluffs Gas Light Company. At the April term, 1877, A. E. Swift entered an appearance and signed a stipulation for the continuance of the cause to the following November term.
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Appeal from Pottawattamie .District Court. In January, 1877, George F. Wright, one of the defendant’s commenced an action against Amasa E. Swift for the recovery of $16,000, and caused to be attached seven hundred and forty-nine shares of the Council Bluffs Gas Light Company. At the April term, 1877, A. E. Swift entered an appearance and signed a stipulation for the continuance of the cause to the following November term. At the November term, 1877) A. E. Swift failed to appear, and the damages were assessed without a jury, and judgment was entered in favor of the plaintiff, George; F.…
1Opinion of the CourtDay, J.
i. judgment noíner :'regusumad?16 -I. The plaintiff’ insists that the judgment in the attachment proceeding was rendered against E. A. Swift, and not against A. E. Swift. The record does not support the plaintiff upon this question of fact. The record of the judgment itself is not *353made a part of the abstract, and it is insisted by the appellee that it shows.a judgment regularly entered against A. E. Swift. The entry upon the judgment docket, it is true, shows a judgment against E. A. Swift. But this would not invalidate the whole proceeding, if the judgment upon the court’s record was duly…
2Cases cited2 opinions
- Cavender v. Heirs of SmithSupreme Court of Iowa · 1855
- Wilkins v. TreynorSupreme Court of Iowa · 1862
3Cited by3 opinions
- Russell v. HackettTennessee Supreme Court · 1950
- Taylor v. Sledge, Wells & Co.Tennessee Supreme Court · 1902
- Cramer v. McDonaldSupreme Court of Iowa · 1931