Wheeler v. Cox
Supreme Court of Iowa
Appeal from Poweshiele District Court. Action in equity to set aside a judgment and enjoin an execution sale. The judgment upon which the execution issued was rendered in defendant Cox’s favor, upon a counterclaim set up in an action brought ostensibly by the present plaintiff against Cox. The plaintiff avers, however, that the action was not in fact brought by him.
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Appeal from Poweshiele District Court. Action in equity to set aside a judgment and enjoin an execution sale. The judgment upon which the execution issued was rendered in defendant Cox’s favor, upon a counterclaim set up in an action brought ostensibly by the present plaintiff against Cox. The plaintiff avers, however, that the action was not in fact brought by him. The attorney who(l acted ostensibly for the plaintiff in bringing the action was .One Foster, but the plaintiff avers that Foster was never authorized by him to bring the action, and that he had no knowledge that such action had…
1Opinion of the Court
Adams, Oh. J.
l. aitobney : ot authority: evidence to overcome. We may assume, in the absence of any averment or evidence to the contrary, that Foster was a practicing attorney of the court in which the action was brought. It is to be presumed, then, that he had - ° x ' authority to bring the action, and the presumption must prevail unless -the evidence of a want of authority is clear and satisfactory. The records of a court, regular upon their face, have a large degree of sanctity attached to tliem^ and are not to. be lightly overcome. , Harshey v. Blackmarr, 20 Iowa, 161. We have, then, to…
2Cases cited1 opinion
- Harshey v. BlackmarrSupreme Court of Iowa · 1866
3Cited by8 opinions
- Williams v. AlexanderSupreme Court of Arkansas · 1919
- Sloan v. JepsonSupreme Court of Iowa · 1934
- Carson, Pirie, Scott & Co. v. LongSupreme Court of Iowa · 1934
- Rankin v. City of CharitonSupreme Court of Iowa · 1913
- Walsh v. DoranSupreme Court of Iowa · 1909
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