Phelps v. O'Brien County
U.S. Circuit Court for the District of Iowa
Action [brought by Thomas Phelps] on a judgment rendered August 5th, 1S73, in favor of the plaintiff's assignor, a citizen of Wisconsin, against the county of O’Brien, by the district court of the state of Iowa, for the county of Dickinson, and ’ assigned to the plaintiff, a citizen of Illinois.
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Action [brought by Thomas Phelps] on a judgment rendered August 5th, 1S73, in favor of the plaintiff's assignor, a citizen of Wisconsin, against the county of O’Brien, by the district court of the state of Iowa, for the county of Dickinson, and ’ assigned to the plaintiff, a citizen of Illinois. Defendant demurs, on the ground that the action is brought on a judgment rendered in a court of record of the state, within fifteen years from the rendition thereof, without showing leave of the court to bring the sume.
1Opinion of the Court
DILLON, Circuit Judge.
Section 2521 of the Code of Iowa enacts: “No action shall be brought upon any judgment against a defendant therein, rendered in any court of record of this state, within fifteen years after tlie rendition thereof, without leave of the court, for good cause shown, and on notice to tile adverse party, except in cases when the record of such judgment is, or shall be, lost or destroyed.”
The eleventh section of the judiciary act provides that “The circuit court shall have original cognizance concurrent with the courts of the several states, of all suits of a civil nature at…
2Cited by6 opinions
- Barling v. Bank of British North AmericaCourt of Appeals for the Ninth Circuit · 1892
- Union Trust Co. v. Rochester & P. R. Co.U.S. Circuit Court for the District of Western Pennsylvania · 1886
- Bank of British North America v. BarlingU.S. Circuit Court for the District of Northern California · 1890
- Cushman v. Douville, Pennsylvania Court of Common Pleas, Erie County1934
- Hall v. Devoe Manuf'g Co.District Court, D. New Jersey · 1882
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