Iowa Code 611.15 – Judgments annulled in equity
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Terms Used In Iowa Code 611.15
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
611.15 Judgments annulled in equity.
Judgment obtained in an action by ordinary proceedings shall not be annulled or modified by any order in an action by equitable proceedings, except for a defense which has arisen or been discovered since the judgment was rendered. But such judgment does not prevent the recovery of any claim, though such claim might have been used by way of counterclaim in the action on which the judgment was recovered.
[R60, §2621; C73, §2522; C97, §3440; C24, 27, 31, 35, 39, §10952; C46, 50, 54, 58, 62, 66, 71,
73, 75, 77, 79, 81, §611.15]
See R.C.P. 1.241
Judgment obtained in an action by ordinary proceedings shall not be annulled or modified by any order in an action by equitable proceedings, except for a defense which has arisen or been discovered since the judgment was rendered. But such judgment does not prevent the recovery of any claim, though such claim might have been used by way of counterclaim in the action on which the judgment was recovered.
[R60, §2621; C73, §2522; C97, §3440; C24, 27, 31, 35, 39, §10952; C46, 50, 54, 58, 62, 66, 71,
73, 75, 77, 79, 81, §611.15]
See R.C.P. 1.241