Elliott v. Jones
Supreme Court of Iowa
Appeal from Marshall District Court.. This is a summary proceeding brought against defendant, who is the clerk of the District Court, under Code, title 17, chapter 13, to compel him to pay to plaintiff certain, money received upon a judgment in his favor. The proceeding, as required by the statute cited, is a motion, and was submitted to the court in compliance with rules prescribed in such case.
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Appeal from Marshall District Court.. This is a summary proceeding brought against defendant, who is the clerk of the District Court, under Code, title 17, chapter 13, to compel him to pay to plaintiff certain, money received upon a judgment in his favor. The proceeding, as required by the statute cited, is a motion, and was submitted to the court in compliance with rules prescribed in such case. The District Court overruled the motion, and costs -were adjudged against plaintiff; from this ruling and judgment he appeals. The facts of the case appear in the opinion.
1Opinion of the CourtBeck, J.
I.. The facts of the case, as disclosed by the abstract of appellant and the amended abstract of appellee, are as follows:
1. In an action for divorce, wherein Matilda Elliott was plaintiff and John C. Elliott, plaintiff in this case, was defendant, a decree divorcing the parties was rendered by the' District Court of Marshall county at the November term, 1874. The property of the parties was ordered to be divided equally between them, and a referee was appointed to make the division.
2. At the April term, 1875, the report of the referee having been filed, a decree thereon was entered. .…
2Cited by3 opinions
- Hornish v. Ringen Stove Co.Supreme Court of Iowa · 1902
- Peterson v. HaysSupreme Court of Iowa · 1892
- Western Fruit & Candy Co. v. PetersbergerSupreme Court of Iowa · 1913