143 Iowa 260 | Iowa | 1909
In August, 1902, the defendant J. L. Sutton, claiming to be a resident of Kossuth County, through his agent, secured the signature of plaintiff to a written contract for the purchase of certain live stock remedies, and appointing plaintiff his agent for the sale of such remedies in the township of Dubuque, in Dubuque County. Except as to the quantities of the various remedies purchased, the contract seems to be identical with that set to in the opinion in the case of Sutton v. Weber, 121 Iowa, 361, and it is not necessary to further indicate its character than to say that the payment called for therein was to be made by plaintiff to said Sutton at Algona, in Kossuth- County, and that the amount to be paid was $83.60, payable at the expiration of sixty days from the date of the contract. After the expiration of the time for payment suit was brought for the sum specified by defendant L. E. Sutton, as assignee of the contract, before a justice of the peace in Algona township, in Kossuth County, notice of such suit being served upon plaintiff in Dubuque County. On failure of plaintiff to appear in this suit judgment was rendered against him by default, and a transcript of the judgment was filed with the clerk of the district court in Kossuth County, and an execution issued thereon, which was placed in the hands of defendant Dunn, as sheriff, for levy upon the property of plaintiff in Dubuque County. The foregoing facts are recited in plaintiff’s petition, in which it is further alleged that there was a fraudulent plan or scheme on the part of de
The demurrer to plaintiff’s petition was properly sustained and the judgment against plaintiff is affirmed.