Crewdson v. Middleton

Decided December 12, 1881

Supreme Court of Iowa · decided 1881-12-12

Action in replevin to recover possession of certain corn. The petition avers that the corn was taken upon an execution issued upon a judgment against plaintiff which wag illegal and void, because the court which rendered the judgment had no jurisdiction of the defendant therein, the present plaintiff, nor of the subject-matter of the action. The defendant moved for a more specific statement showing the facts upon which the want of jurisdiction was based.

Decided 1881-12-12

Adams, Ch. J.

¶11. pleading : jurisdiction. practico. It appears to us that the court was fully justified in sustaining the motion for a more specific statement. Behind the plaintiff’s averment that the court which rendered the judgment lacked jurisdiction were of course certain facts upon which the plaintiff relied. If those facts had been pleaded the sole question in the case might perhaps have been determined on demurrer. It was the defendant’s right to have the facts set out upon which the alleged want of jurisdiction was based.

¶2Affirmed.