Claeys v. Moldenschardt

STUART, Justice.

This matter was before us previously in Claeys v. Moldenschardt, Iowa, 148 N.W.2d 479. We affirmed the trial court’s refusal to set aside a default judgment on an application made under Rules of Civil Procedure 252 and 253. Seizing upon our general statement, “By so holding we do not mean there is no remedy as to avoid judgment.”, defendant filed this petition in the original action seeking to vacate the judgment as void because it granted greater relief than demanded in the petition contrary to R.C.P. 235, which provides:

“The [default] judgment may award any relief consistent…