67 Iowa 481 | Iowa | 1885
I. The petition alleges that one McKenzie brought an action of replevin against defendant Stetson before a justice of the peace; that plaintiff was the surety upon the
II. We think the demurrer was rightly sustained. Stetson obtained an adjudication to the effect that the justice of the peace had no jurisdiction to' render the judgment against plaintiff. After that adjudication Stetson cannot, in the face of the decision which he obtained, insist that the judgment is valid. Both he and plaintiff were'parties to the proceedings on the appeal. Tie insisted that the justice had no jurisdiction and that the judgment was void, the plaintiff claiming the contrary. The circuit court adjudged that the judgment was void for want of jurisdiction of the justice. This adjudication bound both parties, and remains unreversed. Equity will not permit Stetson to turn round and attempt to enforce that judgment.
III. But defendants’ counsel insist that plaintiff, having signed the replevin bond, thus enabling the plaintiff in replevin to take the property which has not been returned, and having insisted upon the jurisdiction of the justice, cannot now deny it. That position would do very well if the adjudication of the circuit court were not in the way. That
Affirmed.