Croup v. Morton
Supreme Court of Iowa
Appeal from Madison Circuit Court. This action was commenced in the Madison District Court January 18, 1877. The petition alleges: “ 1. That on October 8,1868, the defendant L. M. Morton became indebted to plaintiffs in the sum of $905.19, and executed his note to them for said sum, due in sixty days. “ 2. That on September 22, 1876, said note was merged in á judgment in the Madison District Court against said L. M. Morton, for $1,337.25 and costs.
Read the full summary
Appeal from Madison Circuit Court. This action was commenced in the Madison District Court January 18, 1877. The petition alleges: “ 1. That on October 8,1868, the defendant L. M. Morton became indebted to plaintiffs in the sum of $905.19, and executed his note to them for said sum, due in sixty days. “ 2. That on September 22, 1876, said note was merged in á judgment in the Madison District Court against said L. M. Morton, for $1,337.25 and costs. “ 3. That on January 2, 1877, execution was’ issued on said judgment, which was returned January 18, 1877, ‘no property found,.’ “4. That on May…
1Opinion of the CourtDay, J.
i homeTrife’íname: íras¿and^sr debts. I. Upon the trial of the cause no evidence whatever was introduced that the plaintiff had a judgment or any c^a^m against the defendant L. M. Morton. The defendants insist that for this reason the judgment of the court below must be reversed, As the issues were originally made up, the defendant L. M. Morton admitted, and the defendant Sallie M. Morton did not deny, the existence of a judgment against L. M. Morton as alleged in the petition. Upon the former trial the court below held that the entire property should be subjected to the payment of…
2Cases cited2 opinions
- Corning v. FowlerSupreme Court of Iowa · 1868
- Croup v. MortonSupreme Court of Iowa · 1878
3Cited by4 opinions
- Ebersole v. MootSupreme Court of Iowa · 1900
- M. D. Wells & Co. v. AndersonSupreme Court of Iowa · 1896
- Roth v. BoiesSupreme Court of Iowa · 1910
- Price v. ScharpffSupreme Court of Iowa · 1935