Toof, McGowen & Co. v. Foley
Supreme Court of Iowa
Appeal from Jones District Court. — Hon. J. H. Pbeston, Judge. This is an action at law based upon a judgment of the circuit court of Shelby county, in the state of Tennessee.* There was a trial before the court, a jury having been waived, and a judgment was rendered for the defendant for costs. The plaintiffs appeal.—
1Opinion of the CourtRothrock, J.
It is not disputed that the judgment upon which the action is founded was actually-rendered by a court of record in the state of Tennessee. Indeed, the record shows that the defendant was duly served with process in Tennessee, and that an answer was filed, and judgment was rendered in proper form. It is not necessary to set out the answer by which the validity of the judgment was put in issue. The substance of the defense was that the defendant was a resident of this state, and that the plaintiffs fraudulently induced him to go to the state of Tennessee, so that the service of a summons could…
2Cases cited3 opinions
- Dunlap & Co. v. CodySupreme Court of Iowa · 1871
- Dunn v. WolfSupreme Court of Iowa · 1891
- Rogers v. GwinnSupreme Court of Iowa · 1866
3Cited by10 opinions
- Young v. Huron Smith Oil Co., Inc.Mississippi Supreme Court · 1990
- Crandall v. TrowbridgeSupreme Court of Iowa · 1915
- Jaster v. CurrieNebraska Supreme Court · 1903
- Marion v. Home Mutual InsuranceSupreme Court of Iowa · 1928
- Fischer v. Munsey Trust Co.Court of Appeals for the D.C. Circuit · 1915
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