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3 Bradf. 37

Holmes v. Wright

Supreme Court of Iowa

Decided July 15, 1841

Supreme Court of Iowa · decided 1841-07-15

Action of assumpsit on promissory note brought by Wright in the District Court for Muscatine county. Judgment for the plaintiff. The errors assigned are First. That the writ in the above case is entitled of and summons the defendant therein to appear in the District Court for Muscatine county and answer unto the plaintiff there, whilst the only declaration in the same ease is entitled of Johnson county and is sued in and for said county of Johnson. Second.

Decided 1841-07-15

BY THE COtTIlT.

¶1The first assignment of errors in- this case alleges that the writ summons the defendant to appear in the District Court of Muscatine county while the venue in the declaration is laid in Johnson county. This is a matter of form which might have been set right by special demurrer, but furnishes no ground for disturbing the judgment!

¶2The other point, that the judgment being upon a promissory note by default no writ of enquiry was awarded and no verdict rendered upon the Same is sufficiently answered by referring to the statute and to the case of Davis vs. Morford et al. just decided.

¶3The judgment below will therefore be affirmed.,

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