Grattan v. Matteson
Supreme Court of Iowa
Appeal from, Winneshiek District Court. The plaintiff filed a petition alleging that he is the owner of certain described lands; that on or about the 10th day of May, 1873, the defendant filed in the office of the clerk of the Circuit Court a writing purporting to be a confession of judgment made by John Lawrence and Alexander Lawrence to the defendant herein; that upon the filing of said paper in said office the clerk of the Circuit Court, on the 10th day of May, 1873,…
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Appeal from, Winneshiek District Court. The plaintiff filed a petition alleging that he is the owner of certain described lands; that on or about the 10th day of May, 1873, the defendant filed in the office of the clerk of the Circuit Court a writing purporting to be a confession of judgment made by John Lawrence and Alexander Lawrence to the defendant herein; that upon the filing of said paper in said office the clerk of the Circuit Court, on the 10th day of May, 1873, entered judgment in said court in favor of the defendant, S. W. Matteson, and against the said John Lawrence and Alexander…
1Opinion of the CourtDay, J.
i jtjdsotjsht • cute“'wherí!io be brought. — Section 3396 of the Code provides: “When proceedings in a civil action or on a judgment or final order are sought to be enjoined, the suit must be brought in coimty and court in which such action is pending, or the judgment or order was obtained.” In Lockwood v. Kitteringham, 42 Iowa, 257, it -was said in substance that this section is not applicable where it is sought to enjoin the sale of property under a general execution, where it is alleged that the property does not belong to the defendant in execution, but to a third person who seeks the…
2Cases cited2 opinions
- Lockwood v. KitteringhamSupreme Court of Iowa · 1875
- Anderson v. HallSupreme Court of Iowa · 1878
3Cited by12 opinions
- State v. HindmanIndiana Supreme Court · 1903
- Lowry v. Indianapolis Traction & Terminal Co.Indiana Court of Appeals · 1920
- Hawkeye Insurance v. HustonSupreme Court of Iowa · 1902
- Bankers Trust Co. v. ScottSupreme Court of Iowa · 1933
- Gunn v. WagnerSupreme Court of Iowa · 1951
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