Upton Manuf'g Co. v. Stewart Bros.

• Decision Date: 09 June 1883
• Citation: 16 N.W. 84,61 Iowa 209
• Parties: UPTON MANUF'G CO. v. STEWART BROS.
• Court: Iowa Supreme Court

61 Iowa 209

16 N.W. 84

UPTON MANUF'G CO.

v.STEWART BROS.

Supreme Court of Iowa.

Filed June 9, 1883.

Appeal from Shelby circuit court.

This is an action in equity brought to set aside and vacate a judgment which it is claimed is void. An answer was filed, and a trial had upon the issues joined, and a decree was entered for the plaintiff. Defendants appeal.Sapp & Lyman, for appellants.

E. A. Babcock, for appellee.

ROTHROCK, J.

The record contains several questions which, in our opinion, are not necessary to be discussed, because we think the rights of the parties must be determined upon the single question as to whether or not the court which rendered the judgment sought to be vacated had jurisdiction of the defendant therein. The facts necessary to determine this question are not controverted, and are as follows:

On the twenty-fifth day of March, 1879, Stewart Bros., the defendants herein, recovered a judgment in the Shelby circuit court, against one J. P. Book, for $462. The Upton Manufacturing Company, plaintiff herein, is a foreign corporation employed in the manufacture of threshing-machines at Battle Creek, Michigan. In the years 1879, 1880, and 1881, the said corporation entered into written agreements with Book, by which he was constituted an agent of the company for the sale of their machines, and repairs therefor, at Harlan, Shelby county, and vicinity. These agreements fixed the prices at which the machines and other property should be sold by Book, the commissions he was to receive for making sales, etc.

In December, 1880, Stewart Bros. caused an execution to be issued on their judgment against Book, and the sheriff returned thereon that he served “the same by summoning the Upton Manufacturing Company, as garnishee of J. P. Book, by reading the garnishment notice thereto attached to J. P. Book, agent for said garnishee, doing business for it in Shelby county.” The garnishmentnotice required the garnishee to appear and answer on the first day of the next term of the circuit court. The manufacturing company did not appear at the next term, and it was adjudged in default, and a judgment was entered against the company for the full amount of the original judgment against Book, and leave was given to show cause by the first day of the next term why execution should not issue. A notice to show cause, directed to the Upton Manufacturing Company, was served upon Book, as agent, in the same manner as the service of the garnishment...