67 Iowa 313 | Iowa | 1885
The judgment was rendered in June, 1881, and the plaintiff obtained knowledge thereof in December, 1883. The time within which the plaintiff might proceed under chapter 1 of title 19 of'the Code in the circuit court, in the manner therein provided, had expired when the plaintiff first obtained knowledge of such judgment. Code, §§ 3156, 3157. It is said that an action is regarded as still pending, although judgment has been recovered therein, as long as such judgment remains unsatisfied, and that therefore the relief asked should have been applied for in the court in which the judgment was rendered. Wegman v. Childs, 41 N. Y., 159; Mann v. Blount, 65 N. C., 99. This rule, which for the purposes of this case may be conceded, applies where there is a valid judgment, and an order is asked in aid of the enforcement of the judgment, or for the purpose of granting relief against it to which the defendant may be entitled. But it has no application, we think, to a case where the judgment is in fact void, but yet is an apparent lien. Gilman v. Donovan, 59 Iowa, 76, has no application to the case at bar. A new trial was sought in that case by petition in the court where the judgment was obtained, and it was held that
But, as we have said, the judgment in this case is absolutely void, and our attention has not been called to any adjudged case which holds that before a party can obtain relief in a court of equity against such a judgment he must deny and show that he is not indebted to the party obtaining the judgment. The effect of such a rule would be that a void judgment is prima facie evidence of indebtedness. "We incline
Affirmed.