Harper v. Drake
Supreme Court of Iowa
Appeal from Iowa District Court. The plaintiffs holding a judgment at law against James P. Drake, Sen., obtained in Indiana, brought a suit on a transcript of the same in this State, and at the September Term, 1861, of the District Court of Iowa county, procured a judgment for the amount thereof by default.
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Appeal from Iowa District Court. The plaintiffs holding a judgment at law against James P. Drake, Sen., obtained in Indiana, brought a suit on a transcript of the same in this State, and at the September Term, 1861, of the District Court of Iowa county, procured a judgment for the amount thereof by default. In October thereafter, they filed a creditor’s bill, making James P. Drake, Sen., Priscilla H. Drake, his wife, and James P. Drake, Jun., defendants, in order to subject certain lands to the payment of said judgment, the legal title of which was alleged to be in the said Priscilla and…
1Opinion of the CourtLowe, J.
The principal point insisted upon by appellants is, that § 3150 of thé Revision of 1860, limits the setting aside of a default to the term at which it was taken, whereas, the court ordered the opening 'up of , the default at a subsequent term. It will be remembered that this'was. a naked default, upon which no judgment or decree had ever been entered. If such a decree had been entered thereon at the term to which it was- continued, and a motion made at that term to open or set aside said decree, it would, we suppose, be within time, according to the true intendmenkof said section. This…
2Cited by3 opinions
- Simmons v. ChurchSupreme Court of Iowa · 1871
- McDonald v. DonaghueSupreme Court of Iowa · 1870
- Weinhart v. MeyerSupreme Court of Iowa · 1933