Jones v. Illinois Central Railroad
Supreme Court of Iowa
Appeal from, Dubuque District Court. — J. W. Kintzinger, Judge. Appeal from tbe action of tbe district court in refusing to set aside a default judgment for want of service upon the defendant tbe New York Central Railroad Company, it appearing that the service relied on to give jurisdiction was made on tbe ticket agent of the Illinois Central Railroad Company at Dubuque, Iowa, by whom the ticket, with coupon connection over the New York Central, was sold.
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Appeal from, Dubuque District Court. — J. W. Kintzinger, Judge. Appeal from tbe action of tbe district court in refusing to set aside a default judgment for want of service upon the defendant tbe New York Central Railroad Company, it appearing that the service relied on to give jurisdiction was made on tbe ticket agent of the Illinois Central Railroad Company at Dubuque, Iowa, by whom the ticket, with coupon connection over the New York Central, was sold. The court refused to set aside the default, held the service sufficient, and the New York Central appeals.
1Opinion of the CourtGaynor, J.
This is an appeal from the action of the district court in overruling a motion filed 'by the New York Central Railway Company to vacate and set aside a judgment by default entered against it. This company appeared specially, for the purpose of challenging the jurisdiction of the court to enter this judgment by default. It challenged the jurisdiction on the ground that the defendant was a nonresident of the state of Iowa, and that the attempted service of the original notice upon it did not confer jurisdiction upon the court to entertain the suit, or to enter any default or judgment against…
2Cases cited2 opinions
- Philadelphia & Reading Railway Co. v. McKibbinSupreme Court of the United States · 1917
- McGuire v. Great Northern Ry. Co.U.S. Circuit Court for the District of Northern Iowa · 1907
3Cited by5 opinions
- American Asphalt Roof Corp. v. ShanklandSupreme Court of Iowa · 1928
- Mayer v. WrightSupreme Court of Iowa · 1944
- Dye Produce Co. v. DavisSupreme Court of Iowa · 1925
- Reliance Motor Co. v. CraigSupreme Court of Iowa · 1928
- Livingston v. Chesapeake & O. Ry. Co.District Court, N.D. Oklahoma · 1937