Fred Andres & Co. v. Schlueter
Supreme Court of Iowa
Appeal from Polk District Gourt. — Hon. Jesse A. Miller, Judge. Judgment for $20,171.95, as balance of account clue plaintiff for cut stone furnished the defendant Schlueter unaer contract, having been rendered against said defendant on his iailure to appear and defend, and against the Illinois Surety Company as the surety for Schlueter on a bond to discharge an attachment, the judgment defendants filed their separate motions to set aside said judgment on the ground that…
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Appeal from Polk District Gourt. — Hon. Jesse A. Miller, Judge. Judgment for $20,171.95, as balance of account clue plaintiff for cut stone furnished the defendant Schlueter unaer contract, having been rendered against said defendant on his iailure to appear and defend, and against the Illinois Surety Company as the surety for Schlueter on a bond to discharge an attachment, the judgment defendants filed their separate motions to set aside said judgment on the ground that there was a good defense to plaintiff’s cause of ction, which, without negligence on the part of the judgment defendants,…
1Opinion of the CourtMcClain, J.
— The judgment which appellants asked to have set aside on the ground of unavoidable casualty or misfortune preventing the defendant from defending (see Code, section 1091, par. 5) was rendered on September 20, 1907, upon failure of Schlueter, who was the sole defendant of record in the action, to appear after the issues were made up presenting an admission by said defendant of plaintiff’s cause of action and an affirmative defense and counterclaim. The same judgment was rendered also against the Illinois Surety Company at the same time as surety on a bond given by Schlueter to discharge…
2Cases cited15 opinions
- Williams v. WescottSupreme Court of Iowa · 1889
- McConnell v. PoorSupreme Court of Iowa · 1901
- Peterson v. KochSupreme Court of Iowa · 1899
- Johnson, Lane & Co. v. Nash-Wright Co.Supreme Court of Iowa · 1903
- Utah Commercial & Savings Bank v. TrumboUtah Supreme Court · 1898
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3Cited by14 opinions
- Wagner v. LucasSupreme Court of Oklahoma · 1920
- Kelly v. CummensSupreme Court of Iowa · 1909
- Svoboda v. Svoboda Ex Rel. HullingerSupreme Court of Iowa · 1953
- Handy v. HandySupreme Court of Iowa · 1959
- Missouri, K. & T. Ry. Co. v. EllisSupreme Court of Oklahoma · 1916
9 more not listed; retrieve them via the Exa API.