Shelley v. Smith
Supreme Court of Iowa
Appeal from Van Burén Circuit Court. Motion to' correct a record. The action was brought to foreclose a mortgage given to secure a promissory note executed by the defendant Fulton J. Smith. In the execution of the mortgaged Fulton J. Smith was joined by his wife, Marion Smith. She was made defendant in the action, but no personal judgment was claimed against her. Judgment and decree were taken by default.
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Appeal from Van Burén Circuit Court. Motion to' correct a record. The action was brought to foreclose a mortgage given to secure a promissory note executed by the defendant Fulton J. Smith. In the execution of the mortgaged Fulton J. Smith was joined by his wife, Marion Smith. She was made defendant in the action, but no personal judgment was claimed against her. Judgment and decree were taken by default. A decree was properly drawn and signed, providing for the foreclosure of the mortgage as against both defendants, and for a judgment against Fulton J. Smith for the amount of the note; and…
1Opinion of the Court
Adams, I.
i jmigmentnof entry. The fact of the mistake is abundantly apparent, but it is insisted by the appellant that it is too late to correct it. The judgment was rendered in 1869, and the motion was made about nine years afterward, The appellant relies upon section 3156 of the Code, which provides that “the proceedings to correct mistakes or omissions of the clerk, or irregularity in obtaining a judgment, shall be by motion and within one year.”
In our opinion the section is not applicable. We think that no judgment was rendered against Marion Smith. No-judgment against her was prayed in…
2Cited by15 opinions
- Day v. GoodwinSupreme Court of Iowa · 1898
- Lambert v. RiceSupreme Court of Iowa · 1909
- Chariton & Lucas County National Bank v. TaylorSupreme Court of Iowa · 1932
- Heins v. WickeSupreme Court of Iowa · 1897
- Arnd v. PostonSupreme Court of Iowa · 1925
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