Nourse v. Weitz
Supreme Court of Iowa
Appeal from folk District Court. — HoN. A. H. MoYey, Judge. Suit in equity to reach certain money in the bands of the German Savings Bank; to recover a judgment on a supersedeas bond in which John Oollis was principal, and defendants Weitz and Wells were sureties; for subrogation to the rights of these sureties against the funds in the hands of the bank; and to reform the supersedeas bond.
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Appeal from folk District Court. — HoN. A. H. MoYey, Judge. Suit in equity to reach certain money in the bands of the German Savings Bank; to recover a judgment on a supersedeas bond in which John Oollis was principal, and defendants Weitz and Wells were sureties; for subrogation to the rights of these sureties against the funds in the hands of the bank; and to reform the supersedeas bond. The trial court sustained a demurrer to the petition filed by the defendants, Weitz, Wells, and the Gorman Savings Bank, and plaintiffs appeal.
1Opinion of the Court
DeemeR, J.-
From the petition we extract the following facts, which for the purposes of this appeal must be regarded as true: Plaintiff Nourse is the assignee of one Oox, who obtained judgment against John Oollis for $5,000. After that judgment was rendered, plaintiff therein brought suit, by creditors’ bill, to subject certain property then in the name of strangers to the original litigation to the payment of this judgment. He succeeded in obtaining a decree to the effect that John Oollis was the owner of the property, although standing in the name of others and awarding him a special…
2Cases cited13 opinions
- Jayne v. DrorbaughSupreme Court of Iowa · 1883
- Opp v. TenEyckIndiana Supreme Court · 1884
- Hutton v. LockridgeWest Virginia Supreme Court · 1886
- Boulden v. Estey Organ Co.Supreme Court of Alabama · 1890
- Cox v. CollisSupreme Court of Iowa · 1899
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