Rogers v. Gwinn
Supreme Court of Iowa
Appeal from Appanoose District Court. Foreign judgment: fraud as a defense. — This action was commenced in tbe District Court of Appanoose county, Iowa, in 1865, upon a duly autbenticated record of a judgment entered' in favor of tbe plaintiff and against .tbe defendant, on tbe 16th day of March, 1857, by tbe Circuit Court of Laurel county, Kentucky. Tbe action in which the Kentucky judgment was rendered was slander.
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Appeal from Appanoose District Court. Foreign judgment: fraud as a defense. — This action was commenced in tbe District Court of Appanoose county, Iowa, in 1865, upon a duly autbenticated record of a judgment entered' in favor of tbe plaintiff and against .tbe defendant, on tbe 16th day of March, 1857, by tbe Circuit Court of Laurel county, Kentucky. Tbe action in which the Kentucky judgment was rendered was slander. In that action the defendant was personally served, and filed an answer pleading “not guilty.” The record entry of the court in Kentucky is as follows : “ and afterwards, viz.,…
1Opinion of the CourtDillon, J.
„ „ Xtabi¿ le^1" fense Our statute allows equitable defenses to be pleaded to actions at law. - Rev., §§ 2617, 2880. Under tbe answer filed in tbis case tbe defendant is entitled to the same relief which tbe same facts would, under tbe former practice, have authorized if be bad made them tbe ground of a. bill in chancery directly assailing the'judgment.
The circuitous practice of a bill in chancery to enjoin tbe law action and for relief is, under tbe Revision, no longer necessary, if indeed, it be any longer, strictly speaking, proper. Dobson v. Pearce, 12 N. Y., 165; Van Santv. on Code Pl.,…
2Cases cited7 opinions
- Starbuck v. MurrayNew York Supreme Court · 1830
- Dobson v. . PearceNew York Court of Appeals · 1854
- Harshey v. BlackmarrSupreme Court of Iowa · 1866
- Pearce v. OlneySupreme Court of Connecticut · 1850
- Fox v. AbelSupreme Court of Connecticut · 1818
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