Fort Dodge Lumber Co. v. Rogosch
Supreme Court of Iowa
Appeal from Webster District Court.^-R. M. Wright, Judge. This is an appeal from the ruling of the trial court denying the motion to set aside a stipulation and judgment. The appeal is from such motion. Upon the hearing of the motion, it was overruled, and the defendants appeal.
1Opinion of the CourtPreston, J.
1. The case was started in equity for judgment against defendants and to foreclose a mechanic’s lien, but, the appeal being from the order of the court denying the motion, the case is not triable de novo here. There was no decree of foreclosure entered, but simply a judgment against defendants. The motion in the lower court raised but three questions, and the grounds thereof, briefly stated, are as follows:
1. That the stipulation of settlement was not authorized by the defendants.
2. That the persons appointed by said stipulation did not follow its directions.
3. That plaintiff had no lien upon…
2Cases cited14 opinions
- State ex rel. Perine v. Van BeekSupreme Court of Iowa · 1893
- Groves v. RichmondSupreme Court of Iowa · 1880
- Goodwin v. Merchants' & Bankers' Mutual InsuranceSupreme Court of Iowa · 1902
- St. Joseph Manufacturing Co. v. HarringtonSupreme Court of Iowa · 1880
- Cerro Gordo County v. Wright CountySupreme Court of Iowa · 1882
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3Cited by4 opinions
- First National Bank in Cedar Falls v. ClaySupreme Court of Iowa · 1942
- Farmer v. Ames-Farmer Canning Co.Supreme Court of Iowa · 1920
- Latta v. UtterbackSupreme Court of Iowa · 1926
- State v. WyattSupreme Court of Iowa · 1929