Odell v. Coquolette
Supreme Court of Iowa
Appeal from Linn District Court— Hon. William Thompson, Judge. Action for the recovery of specific personal property. There was a default entered for plaintiff, because of a failure of defendants to appear. This default was entered April 9, 1896. April 28, 1896, the court, on motion of defendants, set aside the default, and plaintiff appealed from such ruling.
1Opinion of the CourtGranger, J.
The appeal; as we have said, is from an order setting aside the default. The effect of the order was to permit a trial on the merits, and a judgment from which an appeal could be taken. Code, section 3164, specifies what orders are appealable. The only provision of the section that could be claimed to authorize an appeal in this case is subdivision 1, as follows : “An order made- affecting a substantial right in an action, when such order, in effect, determines the action and prevents a judgment from which an appeal might be taken.” In Walker v. Pumphrey, 82 Iowa, 487, in considering what…
2Cases cited2 opinions
- Quinn v. Capital InsuranceSupreme Court of Iowa · 1891
- Walker v. PumphreySupreme Court of Iowa · 1891
3Cited by8 opinions
- Ontjes v. McNiderSupreme Court of Iowa · 1937
- Barber v. ShattuckSupreme Court of Iowa · 1929
- Sioux County v. KostersSupreme Court of Iowa · 1922
- National Casing Co. v. SchmechelSouth Dakota Supreme Court · 1921
- Kulhavy v. RuggerSupreme Court of Iowa · 1950
3 more not listed; retrieve them via the Exa API.