Barber v. Shattuck

Kindig, J. —

The district court gave appellant default judgment against appellee. Thereafter, appellee made a timely motion to set aside the default, whereupon the district court allowed the application, and vacated the judgment. From that judicial action appellant is now attempting to appeal. Does he have the right so to do? We are constrained to answer in the negative.

In Odell v. Coquolette, 103 Iowa 435, we said:

“* * * the default had been entered, but, notwithstanding, . the order [setting aside the default] did not prevent a judgment from which an appeal might be taken. From that judgment…