Galley v. County of Tama
Supreme Court of Iowa
Appeal from, Tama District Court. This is an action by ordinary proceedings, upon seven judgments, obtained by the plaintiff against the defendant before a justice of the peace upon warrants issued pursuant to a vote of the people in aid of a railroad, for one hundred dollars each, beside costs. The defendant by answer set up several technical defenses; a demurrer was sustained to all but one.
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Appeal from, Tama District Court. This is an action by ordinary proceedings, upon seven judgments, obtained by the plaintiff against the defendant before a justice of the peace upon warrants issued pursuant to a vote of the people in aid of a railroad, for one hundred dollars each, beside costs. The defendant by answer set up several technical defenses; a demurrer was sustained to all but one. Thereupon the defendant obtained leave and filed an equitable defense, alleging that the justice had no jurisdiction, that the judgments were obtained by fraud, that there was no service of notice, and…
1Opinion of the CourtCole, J.
This case is fairly made to bristle with points of law and fact. Since this court might not be fully agreed upon all the points made, and since the point herein discussed is entirely decisive of the whole case, we content ourselves with its determination alone.
The notices issued by the justice of the peace, and on which the several judgments sued on were rendered, stated that the plaintiff therein, “claims of you one hundred dollars as justly due him, on a railroad donation warrant * * * * * with interest and costs.” These notices were dated and served May 7, 1867, and the return day was May…
2Cases cited3 opinions
- Butcher v. BrandSupreme Court of Iowa · 1858
- Haven & Buck v. BaldwinSupreme Court of Iowa · 1858
- Lyon v. ByingtonSupreme Court of Iowa · 1859
3Cited by5 opinions
- Brown v. DavisSupreme Court of Iowa · 1882
- Evans v. MurphySupreme Court of Iowa · 1907
- Moran v. MurphySupreme Court of Iowa · 1878
- Gates v. NeimeyerSupreme Court of Iowa · 1880
- McMeans v. CameronSupreme Court of Iowa · 1878