Rollins v. Coggshall
Supreme Court of Iowa
Appeal from Story District Court. Wednesday, August 31. Action in chancery. The defendants filed an answer in the nature of a cross-bill, to which plaintiff demurred. Defendants confessed the demurrer.
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Appeal from Story District Court. Wednesday, August 31. Action in chancery. The defendants filed an answer in the nature of a cross-bill, to which plaintiff demurred. Defendants confessed the demurrer. During the vacation, after the adjournment of the term, the defendants having failed to answer further, plaintiff claimed default for want of an answer ; the claim was properly entered by the clerk, under the rules of the court, and, at the next term, was confirmed, and judgment rendered thereon by the court. Defendants’ attorney filed a motion to set aside the default, supported by an…
1Opinion of the CourtBeck, J.
The rules of the district court prescribes no time in which parties, in cases where demurrers are sustained or confessed, shall answer or file amended pleadings. Neither was there a special rule or order, in this case, requiring defendant to answer within a certain time. There is no statutory provision upon the subject.
Revision, section 3148, provides, that if an answer is held insufficient upon demurrer, and the defendant fails to answer further, “ as required by the rules of, or by the court,” judgment by default may be rendered against him. The confession of a demurrer by the party against…
2Cases cited1 opinion
- Wright v. HowellSupreme Court of Iowa · 1867
3Cited by2 opinions
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- Kellenberger v. PerrinIndiana Supreme Court · 1874