115 Iowa 621 | Iowa | 1902
The cases since decided to which our attention has been called are: Phelan v. Johnson, 80 Iowa, 731; Stale Insurance Co. v. Waterhouse, 78 Iowa, 674; Iowa Union Telephone Co. v. Boylan, 86 Iowa, 90; Henkle v. Holmes, 97 Iowa, 695; Oberholtzer v. Hazen, 101 Iowa, 340; Leonard v. Insurance Co., 101 Iowa, 482; Dady v. Brown, 76 Iowa, 528; Gerrish v. Hunt, 66 Iowa, 682. In none of the above cases was there any attempt to bring the injunction proceedings in a county other than the one where the judgment was obtained, except in Phelan v. Johnson and Oberholtzer v. Hazen, in both of which there was an attempt to
The rule adopted in the majority of the cases cited receives strong support from other states. In Kentucky, under a statute substantially like our own, the court says: “When the plaintiff seeks to stay proceedings upon a judgment, whether void or erroneous, he must institute his action in the court which rendered it.” Jacobson v. Wernert, 19 Ky. Law 622, (41 S. W. Rep. 281) ; McGonnell v. Raive, 8 Ky. Law, 343, (1 S. W. Rep. 582). In Missouri,, under a similar provision, it is held that an execution issued upon a judgment cannot be enjoined in any county except that in which the judgment was obtained. In an appeal like the one at bar it is said: “The circumstance that the process was in the hands of the sheriff of St. Louis county gave the circuit court of that county no control of the writ- by injunction or otherwise. As to that process the sheriff of St. Louis county was an officer of the circuit court of St. Charles county, it emanating from that court. One court cannot interfere with the process of another. The application for relief should have been made to the circuit court of St. Charles county.” Pettus v. Elgin, 11 Mo. 411. What has thus been held upon strength of local statutes is also adhered to by many eminent courts upon principles of
The judgment of the district court is reversed.