Bond v. Epley
Supreme Court of Iowa
Appeal from Linn District Gowrt. On the 20th day of October, 1871, Bond recovered judgment against Epley upon two promissory notes for six thousand three hundred and fifty-two dollars and fifteen cents, and costs, with an order for special execution against attached property, the judgment to draw interest at the rate of eighteen per cent.
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Appeal from Linn District Gowrt. On the 20th day of October, 1871, Bond recovered judgment against Epley upon two promissory notes for six thousand three hundred and fifty-two dollars and fifteen cents, and costs, with an order for special execution against attached property, the judgment to draw interest at the rate of eighteen per cent. On the 6th day of October, 1875, the defendant served notice on Hubbard & Deacon, the attorneys of record for the plaintiff, of an application of the defendant for vacation of the judgment, on account of unavoidable casualty and misfortune. On the 13th day…
1Opinion of the CourtDay, J.
I. Proceedings to vacate a judgment for fraud practiced by the successful party, and unavoidable casualty or misfortune preventing the party from defending, must be by *604petition verified by affidavit, and must be commenced within one year after the judgment or order was made. Code, §§ 3154 and 3157. The judgment in this case was entered on the 20th day of October, 1874. • The original petition for' the vacation of the judgment was filed October 13, 1875, seven days before, and the amended and substituted petition was filed October 22, 1875, two days after the expiration of the year from the…
2Cases cited2 opinions
- Kitsmiller v. KitchenSupreme Court of Iowa · 1867
- District Township v. WhiteSupreme Court of Iowa · 1876
3Cited by7 opinions
- Hirsch Bros. & Co. v. R. E. Kennington Co.Mississippi Supreme Court · 1929
- Johnson, Lane & Co. v. Nash-Wright Co.Supreme Court of Iowa · 1903
- Carson, Pirie, Scott & Co. v. LongSupreme Court of Iowa · 1934
- Smith v. GriffinSupreme Court of Iowa · 1882
- Cooper v. JewettCourt of Appeals for the Eighth Circuit · 1916
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