Porter v. Moffatt
Supreme Court of Iowa
This was a bill in equity brought in the District Court for a new trial at law. The bill stated that Moffatt had brought his action of covenant in the court of law against the complainants in the-bill, who are the appellants in this court, and that the complainants not attending court and having no attorney present, the said Moffatt caused their default to be entered, in vacation, on the clerk’s docket, and recovered judgment thereon at the subsequent term.
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This was a bill in equity brought in the District Court for a new trial at law. The bill stated that Moffatt had brought his action of covenant in the court of law against the complainants in the-bill, who are the appellants in this court, and that the complainants not attending court and having no attorney present, the said Moffatt caused their default to be entered, in vacation, on the clerk’s docket, and recovered judgment thereon at the subsequent term. A writ of injunction was prayed and granted. The amendment put in to said bill states that the reason complainants did not attend court…
1Opinion of the Court
BY TfiB COURT.
We see nothing in the original petition which should, have prevented it from being dismissed. The District Court was clearly within the limits of its authority in ruling the defendant to plead by a day in vacation, and in entering up judgment at the subsequent term for want of such plea. Whether the default was properly entered in vacation, we cannot inquire. The District Courts can make their own rules on that subject, and what those rules are we cannot know farther than they are set forth in the record before us.
But the amended petition sets forth some ground for the…
2Cited by2 opinions
- Slosson v. LynchNew York Supreme Court · 1864
- Clark v. CammannAppellate Division of the Supreme Court of the State of New York · 1897