Johnson v. Lyon
Supreme Court of Iowa
Appeal from Johnson District Court. Lyman Allen and W. L. Allen, with the complainant, executed to the respondent Lyon their joint promissory note for $750.50, payable in one year from date, &c. As collateral to this note the Allens gave a mortgage on a certain lot in Iowa city. After maturity Lyon brought suit on the note and mortgage, making the Allens and Johnson defendants.
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Appeal from Johnson District Court. Lyman Allen and W. L. Allen, with the complainant, executed to the respondent Lyon their joint promissory note for $750.50, payable in one year from date, &c. As collateral to this note the Allens gave a mortgage on a certain lot in Iowa city. After maturity Lyon brought suit on the note and mortgage, making the Allens and Johnson defendants. Clarke & Henley filed a demurrer to the petition in behalf of the defendants, as their attorneys, which, being overruled, judgment, by consent of parties, was rendered in favor of Lyon, and against all of the…
1Opinion of the CourtBaldwin, C. J.
The complainant asks that the judgment may be set aside as against him, and that he be permitted to interpose his plea of usury upon two grounds: First, That the respondent, Lyon, agreed that the cause should be dismissed as to him, and acting upon this agreement, he paid no further attention to the cause; that the judgment was in violation of this agreement and a fraud upon his rights. Second. That he never employed Clark & Henley, or any one else, to appear for him in said cause, and that the judgment, by consent, was without authority, and should, therefore, be set aside.
The finding of the…
2Cited by8 opinions
- Haaren v. MouldSupreme Court of Iowa · 1909
- Chambers v. GallupCourt of Appeals of Texas · 1902
- Laithe v. McDonaldSupreme Court of Kansas · 1873
- Barthell v. RoderickSupreme Court of Iowa · 1872
- Dixon v. GrahamSupreme Court of Iowa · 1864
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