Stivers v. Thompson
Supreme Court of Iowa
Appeal from Tama District Court. Action before a justice of tbe peace. On tbe 18th day of November, the day of trial, a default was taken and judgment rendered for the plaintiff. On the 18th day of tbe same month the defendant filed a motion to set aside tbe default, wbicb was on tbe same day sustained and a new trial ordered. The plaintiff removed the cause by writ of error, to tbe District Court.
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Appeal from Tama District Court. Action before a justice of tbe peace. On tbe 18th day of November, the day of trial, a default was taken and judgment rendered for the plaintiff. On the 18th day of tbe same month the defendant filed a motion to set aside tbe default, wbicb was on tbe same day sustained and a new trial ordered. The plaintiff removed the cause by writ of error, to tbe District Court. Tbe order of tbe court below was affirmed by the District Court and tbe cause was remanded for a new trial. From this order of tbe District Court tbe plaintiff appeals.
1Opinion of the CourtWright, J.
Judgment in favor of plaintiff, before a justice of tbe peace, wbicb was set aside on defendant’s motion; and to reverse this order plaintiff prosecuted bis writ of error to tbe District Court.
Tbe errors complained of in tbe affidavit for tbe writ are:
First. That tbe justice erred in setting aside tbe judgment by default. The law is, that tbe justice may set aside such a judgment within six days after being rendered, if a satisfactory excuse for tbe default is shown. Yery much is necessarily left to tbe discretion of tbe justice, in judging of such satisfactory excuse. Unless it has been…
2Cited by1 opinion
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