Brandt v. Wilson
Supreme Court of Iowa
Appeal from Howard District Court. Action in equity to foreclose a mortgage executed by the defendant Wilson to one Kennedy, and by him assigned to tbe plaintiff. The defendants, D. M. Osborne & Co., are made parties as purchasers of the land subsequent to the execution of the mortgage. They alone were served with notice. On the third day of the term they filed a motion for an order requiring the plaintiff to make a more specific statement of. his cause of action.
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Appeal from Howard District Court. Action in equity to foreclose a mortgage executed by the defendant Wilson to one Kennedy, and by him assigned to tbe plaintiff. The defendants, D. M. Osborne & Co., are made parties as purchasers of the land subsequent to the execution of the mortgage. They alone were served with notice. On the third day of the term they filed a motion for an order requiring the plaintiff to make a more specific statement of. his cause of action. The motion was confessed, and an amended petition filed. Afterward, on the morning of the fifth day of the term, no answer having…
1Opinion of the CourtAdams, J.
1. PRACTICE: time of filling: default. Some question is raised in regard to the suffieiencJ °*' the affidavit of merits, but in the v*ew which we take of the case, it is not necessary to consider it.
*486The defendants insist that they were not in fact in default, and that the entry of default was premature. The question as to whether they were in default or not, must depend upon the time when the motion for a more specific statement must be regarded as having been detercnined. They were not called upon to answer before noon of the day succeeding the day on which the motion was determined. Section…
2Cases cited2 opinions
- Boals v. ShulesSupreme Court of Iowa · 1870
- Messenger v. MarshSupreme Court of Iowa · 1858
3Cited by6 opinions
- Belknap v. BelknapSupreme Court of Iowa · 1912
- Burke v. DunlapSupreme Court of Iowa · 1919
- Culbertson v. Salinger & BrighamSupreme Court of Iowa · 1903
- Wagoner v. RingSupreme Court of Iowa · 1932
- Dewell v. SuddickSupreme Court of Iowa · 1930
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