80 Iowa 617 | Iowa | 1890
Looking to the facts, we do not think the allegations of the answer are supported. The facts in the testimony are without dispute. The proceedings in the Missouri circuit court were originally between the Knapp, Stout & Co. Company and Swiggett Bros., and the property' was before the court by attachment. The facts relied upon to give the Missouri court jurisdiction of the person of the plaintiff herein is, that leave was given in that court for it “to appear andiileinterplea.” It did not appear and file the interplea. This leave was entered when an attorney for plaintiff seems to have been in court, and made a request for such leave. Such an appearance would not give the court jurisdiction of the person in the absence of a further .appearance. The plaintiff was not in court in the sense of being a party therein, but merely sought the right to become one. In the absence-of an interplea, what judgment could the court have entered against the plaintiff? None whatever. The very language of the leave given was for it to “appear and file interplea,” indicating that there was then no legal appearance. The language of the order was not to require a plea to be filed, but to enable plaintiff to do so at its election. It never filed it, and never was a party to the proceeding. There was nothing in the proceeding of the Missouri court to defeat the jurisdiction of the superior court.
' Affirmed.