Buck v. Hawley & Hoops
Supreme Court of Iowa
Appeal from Linn District Court, Hon. J. H. Preston, Judge. Action to enjoin the collection of and cancel a judgment. Decree as prayed, from which defendants appeal.
1Opinion of the CourtLadd, J.
1-evfdence!ent' J udgment was entered in the circuit court of Linn county January 6, 1885, for $225.33 and costs, in favor of Hawley & Hoops, on an account against Buck & Keech, K. N. Buck, and Philo E. Keech. Ex-ecution was not issued until May 11, 1903, an(l was then levied upon a city lot belonging to Buck. In this suit he asks that the collection of the judgment be enjoined, and it be canceled on the ground that the court was without jurisdiction to render it. Buck and Keech each testify positively that no notice was ever served on him, and to circumstances from which payment of the…
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