McGrew v. Downs
Supreme Court of Iowa
Afjpeal from Pottawattamie District Court. Plaintiff brought this action against the defendant to recover damages for an alleged assault and battery. By the original notice defendant was cited to appear and defend before noon of the first day of the next term of the district court. On the first day of the term counsel entered an appearance for defendant, and announced that he would file au answer in the cause on the next morning.
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Afjpeal from Pottawattamie District Court. Plaintiff brought this action against the defendant to recover damages for an alleged assault and battery. By the original notice defendant was cited to appear and defend before noon of the first day of the next term of the district court. On the first day of the term counsel entered an appearance for defendant, and announced that he would file au answer in the cause on the next morning. After this, and on the same day, counsel for plaintiff claimed a default, and the court entered a default against defendant. Four days after the default was entered…
1Opinion of the CourtReed, J.
*6881. practice: pearano^ot poweiMrf*' court to fix by rule. *687In citing the defendant to appear and defend on the first day of the term., plaintiff proceeded under the *688following rule, which had been adopted by the judges of the district and circuit courts of the Thirteenth judicial district: “Rule 1. In all ,. . . . . .... cases the plaintiff may inform the defendant m the original notice that unless he appear thereto and defend before noon of the first day of the term at which he is required to appear, default will he entered against him; and when the defendant is served with such notice he shall…
2Cases cited1 opinion
- Jaeger v. EvansSupreme Court of Iowa · 1877
3Cited by2 opinions
- Shaffer v. MorganSupreme Court of Iowa · 1920
- Polk County Savings Bank v. GeneserSupreme Court of Iowa · 1897