Johnson County Savings Bank v. Carroll
Supreme Court of Iowa
Appeal from Johnson District Court. — How. M. J. Wade, Judge. Action commenced at law against Moreau Carroll, aided by attachment, to recover the amount due on a promissory note. The writ of attachment was levied upon premises in Iowa City which were occupied by the family of Carroll as a home. Notice of the action and of the issuing of the attachment was served on Carroll. by publication.
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Appeal from Johnson District Court. — How. M. J. Wade, Judge. Action commenced at law against Moreau Carroll, aided by attachment, to recover the amount due on a promissory note. The writ of attachment was levied upon premises in Iowa City which were occupied by the family of Carroll as a home. Notice of the action and of the issuing of the attachment was served on Carroll. by publication. He failed to appear, default was entered against him, and judgment was rendered in favor of the plaintiff for four thousand twenty-six dollars and sixteen cents, attorney’s fees, and costs, and an order was…
1Opinion of the CourtWaterman, J.
Tbe facts material to an understanding of tbis case, admitted by tbe parties or established by tbe evidence, are substantially as follows: In tbe year 1869 Moreau Carroll married tbe intervener. At tbat time sbe was tbe owner of one hundred and twenty acres of land in Cedar county. They improved tbe land, and occupied it as a borne for four years. Carroll purchased an equal quantity of land near by, and tbe two were occupied and farmed as one for two1 or three years. Carroll was then elected county auditor, and tbe family moved to Tipton. In tbe year 1879 tbe farm was sold, — tbe part owned…
2Cases cited3 opinions
- Pelan v. De BevardSupreme Court of Iowa · 1862
- Stinson v. RichardsonSupreme Court of Iowa · 1876
- Lessell v. GoodmanSupreme Court of Iowa · 1896
3Cited by9 opinions
- Ring v. LundSupreme Court of Iowa · 1906
- Hambrick v. StateSupreme Court of Florida · 1920
- Brunsdon v. BrunsdonSupreme Court of Iowa · 1924
- De Fontenay v. ChildsMontana Supreme Court · 1933
- Johanson v. RowlandSupreme Court of Iowa · 1923
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