Crafts v. Clark
Supreme Court of Iowa
Appeal from Henry Cvreuii Cov/rt. Action upon a judgment purporting to have been rendered by the prothonotary of a court of record of the State of Pennsylvania, April 9, 1850, upon a promissory note dated April 8, 1850, and payable April 1, 1855. The petition avers that the prothonotary had authority to enter the judgment on the note before it was due, and the judgment is in the usual and proper form under the laws of the State of Pennsylvania. , A copy of what purports to…
Read the full summary
Appeal from Henry Cvreuii Cov/rt. Action upon a judgment purporting to have been rendered by the prothonotary of a court of record of the State of Pennsylvania, April 9, 1850, upon a promissory note dated April 8, 1850, and payable April 1, 1855. The petition avers that the prothonotary had authority to enter the judgment on the note before it was due, and the judgment is in the usual and proper form under the laws of the State of Pennsylvania. , A copy of what purports to be a part of a statute of that State, conferring the authority upon the prothonotary, is made a part of the petition.…
1Opinion of the CourtBeck, J.
1. dejaum: plead f amendment' — I. The default was improperly rendered against defendant. As we understand the record, defend-l*a(l pleaded a sufficient defense by his first answer, which was not assailed by the motion of plaintiff. The motion was only directed at the second answer. His failure to comply with the order made thereon did not affect his first answer. There being an answer to the petition, default could not be taken against defendant. Levi v. Monroe, 11 Iowa, 453. Revision, section 3148, which provides that, if a party fail to amend his pleadings within the time prescribed by the…
2Cases cited1 opinion
- Levi v. MonroeSupreme Court of Iowa · 1861
3Cited by10 opinions
- Hanley v. DonoghueSupreme Court of the United States · 1885
- Fred Miller Brewing Co. v. Capital InsuranceSupreme Court of Iowa · 1900
- Davis v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1891
- Citizens National Bank v. Consolidated Glass Co.West Virginia Supreme Court · 1918
- Varner v. Interstate ExchangeSupreme Court of Iowa · 1908
5 more not listed; retrieve them via the Exa API.