Ruddick v. Vail
Supreme Court of Iowa
Appeal from the Lee District Court. The defendant was sued before a justice of the peace, upon a promissory note. Although duly served, he made default, and judgment was rendered against him. He appealed, and in the district court filed an answer, denying that he executed the note — denying indebtedness — and pleading fraud and want of consideration. The plaintiff moved that the answer be stricken from the files, and the motion was sustained.
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Appeal from the Lee District Court. The defendant was sued before a justice of the peace, upon a promissory note. Although duly served, he made default, and judgment was rendered against him. He appealed, and in the district court filed an answer, denying that he executed the note — denying indebtedness — and pleading fraud and want of consideration. The plaintiff moved that the answer be stricken from the files, and the motion was sustained. From this decision, the defendant appeals.
1Opinion of the CourtWoodward, J.
The defendant urges that ho has aright to file an answer in the district court, originally, on an appeal from a justice of the peace. In the cage of Ford v. Jefferson county, 4 Iowa, 566, this court held, that in an appeal from the decision of the county judge, refusing to allow a claim against the county, the county might put in an answer above. But that decision stands upon the peculiar nature of the proceeding. The claim is presented to the county judge for allowance, in the first instance, without suit. There is no service, and no appearance or default, as in ordinary actions. In fact,…
2Cases cited1 opinion
- Ford v. Jefferson CountySupreme Court of Iowa · 1857
3Cited by5 opinions
- Leftwick v. ThorntonSupreme Court of Iowa · 1864
- Edwards Loan Co. v. SkinnerSupreme Court of Iowa · 1905
- May v. WilsonSupreme Court of Iowa · 1866
- Cochran v. HubbardSupreme Court of Iowa · 1860
- Griswold v. BowmanSupreme Court of Iowa · 1875