Sioux City Vinegar Manufacturing Co. v. Boddy

— In Boddy against the Sioux Oity Vinegar Manufacturing Company, judgment by default was entered against the defendant at the September, 1897, term of court; and, after its close, this petition for new trial, on the ground of unavoidable casualty or misfortune, preventing the company from defending, was filed. The demurrer, among other things, questioned the sufficiency of the facts alleged to constitute such casualty or misfortune as is contemplated by the statute. Oode, section 4091. The original notice was served pn the secretary of the corporation, who was not charged with *539any part in the…