Tomlin v. Woods
Supreme Court of Iowa
Appeal from Van Burén District Court.— Hon. Robert Sloan, Judge. Action a.t law upon a judgment rendered by a justice of the peace of the State of California. Defendant pleaded the statute of limitations-, and further averred that no notice of the action before the justice was ever served upon him, and that he did not appear before said justice.
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Appeal from Van Burén District Court.— Hon. Robert Sloan, Judge. Action a.t law upon a judgment rendered by a justice of the peace of the State of California. Defendant pleaded the statute of limitations-, and further averred that no notice of the action before the justice was ever served upon him, and that he did not appear before said justice. He further pleaded that the said action was not properly commenced as required by the statutes of California; that it was continued and postponed contrary to the statutes of that State; and that no notice of final trial or hearing was given him. On…
1Opinion of the CourtDeemeb, C. J.
The justice’s judgment purports to have been rendered November 26, 1900. It recites that due and legal notice in writing had been given the defendant and his attorney of record more than five days next preceding the *369time fixed for trial; that the defendant did not appear; and that the court proceeded to trial on the complaint of the plaintiffs and the answer of defendant, and, after hearing the proofs, found that defendant was indebted to plaintiffs, and rendered judgment accordingly. The transcript is properly identified, and was introduced in evidence upon the trial. Plaintiffs also…
2Cases cited19 opinions
- Morrow v. WeedSupreme Court of Iowa · 1856
- Ballinger v. TarbellSupreme Court of Iowa · 1864
- Ralph v. LomerWashington Supreme Court · 1891
- Newcomb v. DeweySupreme Court of Iowa · 1869
- Lynch v. KellyCalifornia Supreme Court · 1871
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3Cited by3 opinions
- American Title Insurance Co. v. Stoller Fisheries, Inc.Supreme Court of Iowa · 1975
- Koehne v. PriceDistrict of Columbia Court of Appeals · 1949
- Neldert v. Chicago, Rock Island & Pacific RailroadCity of New York Municipal Court · 1915