Miracle v. Lancaster
Supreme Court of Iowa
Appeal from Blade Hawh District Court. The plaintiff commenced an action in the Circuit Court of Hamilton county against defendant, upon an account for legal services and disbursements. The defendant being a nonresident of the state, the suit was by attachment. On the 20th day of January, 1874, the defendant appeared by counsel, and on his motion the venue of the action was changed to the Black Hawk county Circuit Court.
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Appeal from Blade Hawh District Court. The plaintiff commenced an action in the Circuit Court of Hamilton county against defendant, upon an account for legal services and disbursements. The defendant being a nonresident of the state, the suit was by attachment. On the 20th day of January, 1874, the defendant appeared by counsel, and on his motion the venue of the action was changed to the Black Hawk county Circuit Court. On the 25th day of February, 1874, the transcript in said action was'filed in Black Hawk county by the plaintiff. On the next day default was entered against defendant for…
1Opinion of the CourtRotiirook, J.
l. pkacttce: vacation of judgment. This proceeding is authorized by section 3154 of the Code. Section 3159 provides that “ the judgment shall not be vacated on motion or petition , , . A until it is adjudged that there is a valid defense to the action in which the judgment is rendered.” * * * *. Section 3160 provides that “the court may first try and decide upon the grounds to vacate or modify a judgment or order before trying or deciding upon the validity of the defense.
Evidence was introduced both as to the grounds to vacate, and upon the validity of the defense, and in our opinion the…
2Cited by6 opinions
- Handy v. HandySupreme Court of Iowa · 1959
- Johnson, Lane & Co. v. Nash-Wright Co.Supreme Court of Iowa · 1903
- Reints v. EngleSupreme Court of Iowa · 1906
- Beardsley v. ClarkSupreme Court of Iowa · 1940
- Reiher v. WebbSupreme Court of Iowa · 1887
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