Culbertson v. Salinger & Brigham
Supreme Court of Iowa
Appeal from, Carroll District Court. — Hon. S. M. Elwood, Judge. In the original petitioD the plaintiff asked judgment against H. 0. McAllister on a written agreement to sign the notes sued on as surety* for Salinger & Brigham. After the plaintiff’s evidence had been introduced, November. 27, 1897, an amendment to the petition was filed, in which it was asserted that the agreement was partly oral and partly in writing.
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Appeal from, Carroll District Court. — Hon. S. M. Elwood, Judge. In the original petitioD the plaintiff asked judgment against H. 0. McAllister on a written agreement to sign the notes sued on as surety* for Salinger & Brigham. After the plaintiff’s evidence had been introduced, November. 27, 1897, an amendment to the petition was filed, in which it was asserted that the agreement was partly oral and partly in writing. Thereafter the parties agreed in open court that the answer of McAllister, which included a general denial, theretofore filed, should stand as the answer to the petition and…
1Opinion of the CourtLadd, J.
The appellant concedes that the judgments were improvidently entered, and should have been set aside, if the evidence established that defenses to the 1. default judgment vacation. causes of action stated exist. On the other hand, appellees urge that, as the defaults and judgments were erroneously entered, it was not esseniial that defenses be shown as a condition precedent to granting of the relief prayed. Section 3790 of the Code authorizes the court to set aside defaults on such terms as may appear just, if application be made at the same term at which the default was entered, and among…
2Cases cited10 opinions
- Hoitt v. SkinnerSupreme Court of Iowa · 1896
- Boals v. ShulesSupreme Court of Iowa · 1870
- Streeter v. GleasonSupreme Court of Iowa · 1903
- First National Bank v. FlynnSupreme Court of Iowa · 1902
- Iowa Savings & Loan Ass'n v. ChaseSupreme Court of Iowa · 1902
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3Cited by6 opinions
- State v. JohnsonSupreme Court of Iowa · 1932
- Corbin v. McAllisterSupreme Court of Iowa · 1909
- In Re Estate of KinnanSupreme Court of Iowa · 1934
- Belknap v. BelknapSupreme Court of Iowa · 1912
- Culbertson v. Salinger & BrighamSupreme Court of Iowa · 1906
1 more not listed; retrieve them via the Exa API.