Lumpkin v. Snook
Supreme Court of Iowa
Appeal-from Humboldt Circuit Court. The plaintiffs allege in tlieir petition that in tbe year 1877 they were doing business as partners, under tbe firm name of Lumpkin, Moody & Oo., and that they sold to one Ella A. Averill a bill of lumber of tbe value of $134.48, to be used in tbe repair of a dwelling bouse, and that said lumber was used in repairing said building, and in the betterment thereof; that they afterwards instituted tbe suit against said Ella A. Averill and her…
Read the full summary
Appeal-from Humboldt Circuit Court. The plaintiffs allege in tlieir petition that in tbe year 1877 they were doing business as partners, under tbe firm name of Lumpkin, Moody & Oo., and that they sold to one Ella A. Averill a bill of lumber of tbe value of $134.48, to be used in tbe repair of a dwelling bouse, and that said lumber was used in repairing said building, and in the betterment thereof; that they afterwards instituted tbe suit against said Ella A. Averill and her husband, to recover the amount of said bill and for the foreclosure of their mechanic’s lien; that such proceedings were…
1Opinion of the CourtReed, J.
1. Judgment: vacation of foe. fraud: relief in equity after one year: conditions of. I. The fourth sub-division of section 3154 of the Code provides that the court in which a judgment has been rendered may vacate or modify such judgmént, after the time at which it was obtained, “for fraud practiced by the successful party in obtaining it.” But, to avail himself of the remedy provided in this section, the party against whom the judgment is rendered must bring his action within one year from the date of the judgment. But it is held that courts of equity, have juisdiction to grant relief against…
2Cases cited1 opinion
- Young v. TuckerSupreme Court of Iowa · 1874
3Cited by22 opinions
- Shaw v. AddisonSupreme Court of Iowa · 1945
- Kwentsky v. SirovySupreme Court of Iowa · 1909
- Loghry v. CapelSupreme Court of Iowa · 1965
- Popejoy v. EastburnSupreme Court of Iowa · 1950
- Freeman v. WoodNorth Dakota Supreme Court · 1901
17 more not listed; retrieve them via the Exa API.