Opinion · Supreme Court of Iowa
Graham Paper Co. v. Wohlwend
Graham Paper Co. v. Wohlwend, 116 Iowa 358 (Iowa 1902)
- Type
- Opinion
- Court
- Supreme Court of Iowa
- Jurisdiction
- Iowa
- Date
- 1902-04-12
- Topic
- general
How later courts describe this case
- plaintiff wife was allowed to recover for emotional injuries suffered while witnessing defendant's assault on her husband
- encounter with a nighttime trespasser in the home
Citator
UpLaw has not yet analyzed Graham Paper Co. v. Wohlwend. The absence of a flag is not a finding that it is good law.
- Cited by
- 39 opinions
1 There are two difficulties in the way of granting the relief asked in the lower court. In the first place, it does not appear in any way that the circuit court rendering the judgment referred to ever intended to enter a judgment against this defendant individually, and a proceeding for entry of judgment wane pro tunc can only be sustained where there was in fact a judgment. Such
2 In the second place, it does not appear that any judgment could properly have been rendered by the circuit court against this defendant. The service on defendant, as appears by the record of the case in the circuit court, was at least defective, in that the return does not show a reading of the notice to this defendant, and the judgment of the circuit court was entered .on default. It may be that if the circuit court had rendered such a judgment as is now asked, the return of service would have been sufficient to sustain it against a collateral attack, but that is not this case. No judgment against this defendant appearing to have been rendered in that case, it may well be presumed that the court failed to enter such judgment because of the insufficiency of the service, and its failure to do so cannot be called in question in this way. — Affirmed.