Alden Mercantile Co. v. Randall

This action was brought to restrain the'defendant, who is the receiver of an insolvent insurance company, from procuring an execution to be issued and levied upon the property of plaintiff on the ground that the judgment upon which the execution is based is void, being rendered with*45out jurisdiction. Defendant filed a general demurrer to the petition, which was overruled. He elected to stand upon' the demurrer. Judgment was rendered upon the pleadings granting the relief sought. Defendant appeals.

In substance, the petition alleges that the plaintiff is a resident of Grant county; that the…