Jaeger v. Evans
Supreme Court of Iowa
Appeal from Glayton Circuit Court. A default was entered against defendant for want of appearance which, at the time it was taken, he moved to set aside. The motion was continued to the next term, when showing was made of additional grounds therefor. It was then overruled. From this action of the Circuit Court defendant appeals.
1Opinion of the CourtBeck, J.
l. practice: default: liow set aside. The notice and return of service were regular and sufficient upon their face and we will presume the Circuit Court in rendering judgment so held. Code, to J to Sec. 2870. Jurisdiction was thereby acquired of the case. To authorize the setting aside of a default in such cases, the statute requires that an affidavit of merits must be filed. Code, Sec. 2871. This provision contemplates a show*189ing of merits upon which the court may determine the sufficiency of the defense proposed to be made to the action, not an averment of the existence of merits which may…
2Cited by8 opinions
- Jean v. HennessySupreme Court of Iowa · 1888
- Foster & Foster v. County of ClintonSupreme Court of Iowa · 1879
- Palmer v. RogersSupreme Court of Iowa · 1886
- Shaffer v. MorganSupreme Court of Iowa · 1920
- Polk County Savings Bank v. GeneserSupreme Court of Iowa · 1897
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