Clark v. Tull
Supreme Court of Iowa
Appeal from Lee District Court.-r-Hon. Henry Bank, Jr.,. Judge: April 4, 1899, tbé plaintiff obtained a judgment by default against the defendants. On the twenty-sixth of October 1899, the defendants moved to set aside the default and judgment. This was overruled, and on the twenty-seventh, day of December, 1899, the motion was renewed, ■and again overruled. The defendants appeal.
1Opinion of the CourtSheravin, J.
1 *1452 *144The petition upon which the plaintiff recovered judgment was an ordinary one declaring on a promissory note, alleging that the defendants were nonresidents of the state, and asking a writ of attachment ■•against their property. Personal service of the original notice was accepted by both defendants without the state more than 60 days before default and judgment. An attachment was issued and levied, upon real estate of the defendants, and on final judgment was sustained, and special execution ordered and issued, under which the land was sold to satisfy the judgment. The judgment was…
2Cases cited5 opinions
- McLaren v. HallSupreme Court of Iowa · 1868
- Griffith v. Milwaukee Harvester Co.Supreme Court of Iowa · 1894
- Cox v. AllenSupreme Court of Iowa · 1894
- McBride v. HarnSupreme Court of Iowa · 1879
- Tidrick v. SulgroveSupreme Court of Iowa · 1874
3Cited by3 opinions
- Smith v. CollisMontana Supreme Court · 1910
- Feldner v. FeldnerSupreme Court of Iowa · 1914
- Wilder v. DennisCourt of Appeals for the Fourth Circuit · 1912