Wahlberg v. C. A. Buchwald Lumber Co.
Supreme Court of Iowa
Appeal from Marshall District Court. — Hon. O. B. Bradshaw, Judge. Action to quiet title. At the appearance term, the' defendant appeared and filed a general denial. At the second term the defendant filed an election to take a part of its testimony .in the form of depositions, and demanded a continuance as a matter of right without any other showing of cause. The trial court refused the continuance.
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Appeal from Marshall District Court. — Hon. O. B. Bradshaw, Judge. Action to quiet title. At the appearance term, the' defendant appeared and filed a general denial. At the second term the defendant filed an election to take a part of its testimony .in the form of depositions, and demanded a continuance as a matter of right without any other showing of cause. The trial court refused the continuance. Two days later the trial was had; the defendant appearing at the trial, but offering no evidence. There was a decree for the plaintiff. Defendant appeals.
1Opinion of the CourtEvans, J.
The plaintiff was the owner of a homestead. The defendant had a judgment against plaintiff’s *619former husband. The plaintiff brought an action to remove the cloud created upon her title by the apparent lien of defendant’s judgment. The case was brought for August, 1910, term of court. The defendant appeared therein at such term, and joined issue by a general denial. No further proceedings were had at such term. At the next term, which began October 20th, the defendant filed an election “to take a portion of his testimony in the form of depositions,” and moved the court that the cause “be set…
2Cases cited4 opinions
- David v. Hartford InsuranceSupreme Court of Iowa · 1862
- Holbrook v. FaheySupreme Court of Iowa · 1879
- Varnum v. WinslowSupreme Court of Iowa · 1898
- Lombard v. ThorpSupreme Court of Iowa · 1886