Wray v. Wray
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. R. P. Howell, Judge. Two actions for partition were brought, involving the same property and between the same parties. One of the defendants in the action first filed, who was plaintiff in the second, interposed a plea in abatement. The first action was abated, and plaintiff appeals.
1Opinion of the CourtPreston, J.
In the action brought by plaintiff, appellant, and which was the first filed, the petition was filed December 7,1911, and on the same day an original notice was placed in the hands of the sheriff, which was served on Lester L. Stoner, Gertrude Stoner, and Richard Stoner on December 19, 1911. The other eleven defendants accepted service in the following manner: “We hereby accept due and legal service of the above notice for the February, 1912, term of Johnson county district court, and waive copy.” In the second case the petition was filed December 15, 1911, and some of the defendants were…
2Cases cited6 opinions
- Proska v. McCormickSupreme Court of Iowa · 1881
- Parkyn v. TravisSupreme Court of Iowa · 1879
- Guinn v. ElliottSupreme Court of Iowa · 1904
- Littlejohn v. BullesSupreme Court of Iowa · 1907
- Manion v. BradySupreme Court of Iowa · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Platt v. CarterSupreme Court of Iowa · 1919
- Ohden v. AbelsSupreme Court of Iowa · 1936