Barrett v. Garragan
Supreme Court of Iowa
Appeal from, Dubuque District Court. This action is brought upon a transcript of a judgment rendered by a Justice of the Peace, in Oneida county, New' York, the transcript is in these words, viz.: “ warctts par-rett- 1 v. JOHN GARRIGAN. ) -Short summons, issued October 9 11856; returnable 13th October, 1856, at 2 o’clock, P. M. Returned personally served by Thomas Dugan, constable, October 9th, 1856; fees, twenty-five cents. October 13th, parties called. Plaintiff appeared.
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Appeal from, Dubuque District Court. This action is brought upon a transcript of a judgment rendered by a Justice of the Peace, in Oneida county, New' York, the transcript is in these words, viz.: “ warctts par-rett- 1 v. JOHN GARRIGAN. ) -Short summons, issued October 9 11856; returnable 13th October, 1856, at 2 o’clock, P. M. Returned personally served by Thomas Dugan, constable, October 9th, 1856; fees, twenty-five cents. October 13th, parties called. Plaintiff appeared. Defendant, by J. B. Ellwood, who was sworn to his authority to appear. Plaintiff complains against defendant for keeping…
1Opinion of the CourtCole, J.
Only one question is properly presented for the consideration of this Court, and that is: Does the trans*49cript “show that any judgment had been rendered against the defendant in favor of.the plaintiff?” Following the cases of Stowers v. Milledge et al., 1 Iowa, 150; and Taylor, Shipton & Co. v. Runyan & Brown, 3 Id., 474; we hold that it does. In the first of these cases, Wright, C. J., in delivering the opinion of the Court, said: “we must look to the substance, and mere form becomes immaterial. Here there can be no reasonable doubt as to the parties or what was in dispute; and if we have the…
2Cases cited1 opinion
- Stowers v. MilledgeSupreme Court of Iowa · 1855
3Cited by8 opinions
- Coffey v. GambleSupreme Court of Iowa · 1902
- Moreno v. VietorSupreme Court of Iowa · 1968
- Grey v. CederholmIdaho Supreme Court · 1884
- Davis v. TrumpWest Virginia Supreme Court · 1897
- Cooley v. AyresSupreme Court of Iowa · 1917
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