Weinhart v. Meyer

— On August 26, 1932, the petitioner filed- his petition for a writ of certiorari, alleging that the respondent had acted illegally and in excess of his jurisdiction in setting aside a “simple” or “naked” default.

It appears from the record that on April 22, 1932, the petitioner filed a petition in the district court of Polk county against Charles F. Keeling and Plarley L. Thornton, stating that the defendant Keeling was sheriff of Polk county and the defendant Thornton waa deputy sheriff, and that the two defendants arrested the plaintiff on December 23, 1931. The petition alleged that the…