Ordway v. Suchard
Supreme Court of Iowa
Appeal from, Black Hawk District Gov/rt. The plaint-ift commenced Ms action in equity in tbe district court of Black Hawk county to redeem certain real property from tax sale at wbicb tbe defendants were the alleged purchasers and had obtained a tax deed for the land.
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Appeal from, Black Hawk District Gov/rt. The plaint-ift commenced Ms action in equity in tbe district court of Black Hawk county to redeem certain real property from tax sale at wbicb tbe defendants were the alleged purchasers and had obtained a tax deed for the land. The original notice was not served on the defendants but service for them was accepted by Griffith & Knight, their attorneys, on the 7th day of March, 1870. The petition was filed April 16, 1870. At the following May term (24th) a default and decree was rendered against the defendants as prayed in plaintiff’s petition. During…
1Opinion of the CourtMiller, J.
— The court below has a large discretion in acting upon motions to set aside defaults, and it should never be exercised in favor of a party in default in consequence of his own negligence, or that of his attorney. Bolander v. Atwell, 14 Iowa, 35; Kreisinger v. The Icarian Community, 16 id. 586 ; McNulty v. Everett & Moore, 17 id. 581.
Our statute provides that defaults may be set aside on such terms as the court may deem just, etc., but not unless an affidavit of merits is filed, and a reasonable excuse shown for making default, nor unless application therefor is made at the term at which the…
2Cases cited1 opinion
- Bolander v. AtwellSupreme Court of Iowa · 1862
3Cited by12 opinions
- Barto v. Sioux City Electric Co.Supreme Court of Iowa · 1903
- Masten v. Indiana Car & Foundry Co.Indiana Court of Appeals · 1900
- Peterson v. KochSupreme Court of Iowa · 1899
- Reilley v. KinkeadSupreme Court of Iowa · 1917
- Scottish Union Insurance v. Tomkies & Co.Court of Appeals of Texas · 1902
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