Wright v. Howell
Supreme Court of Iowa
Appeal from Polk District Court. Default for failing to answer amended rleadings : in equity. Petition by the plaintiff, a judgment creditor of W. F. Ayres, to redeem from a certain mortgage foreclosed without making plaintiff a party. The court below defaulted defendants because they did not answer in time, and refused, upon a showing, made for and against the application, to set such default aside. Defendants excepted and appeal. The other facts are shown in the opinion.
1Opinion of the Court
Dillon, Ch. J.
The original petition was filed in December, 1861, and within the sixty days given by the statute, and allowed by the court, the defendants demurred thereto.
In January, 1866, the demurrer “ came on to be heard,” the plaintiff confessed, and had leave to file an amended petition. No time was fixed in which it should be filed, or in which, when filed, defendants should answer thereto.
*151In four days afterward, it being in term time, the amended petition, called an “amended and substituted petition,” covering the whole ground of the first petition, with some additional allegations,…
2Cited by5 opinions
- McGinnis v. BeattyWyoming Supreme Court · 1922
- Kellenberger v. PerrinIndiana Supreme Court · 1874
- Bryan v. SandersonDistrict of Columbia Court of Appeals · 1881
- Gilbert v. American Trust & Savings BankAppellate Court of Illinois · 1905
- Rollins v. CoggshallSupreme Court of Iowa · 1870