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48 Iowa 608

Smith v. Bond

Supreme Court of Iowa

Decided June 10, 1878

Supreme Court of Iowa · decided 1878-06-10

These cases grow out of the preceding case of Bond v. Epley. The first of the above cases is a proceeding for an injunction to restrain Bond from enforcing his judgment, recovered in the former case, against certain property attached in that case. The plaintiff alleges that he purchased the property from Epley, and that the judgment is no lien thereon.

Decided 1878-06-10

Day, J.

¶1None of tile evidence respecting the conveyance from Epley to Smith is contained in the record. The cases are submitted solely upon the questions presented as to the validity of the principal judgment recovered in the main case of Bond v. Epley. The holding in that case that the judgment was rendered upon sufficient notice, and appearance by attorney, disposes of all the questions involved in these cases. The judgment in that case was corrected as to the illegal interest, and hence there is no ground for the continuance of the injunction in Smith v. Bond et al.

¶2The judgment in each case is

¶3Affirmed.

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