McKinley v. Betchtel
Supreme Court of Iowa
Appeal from Scott District Court. Foreclosure. The service of notice was made on tbe 22d day of January, 1861, and was returnable to the next term of the District Court, on the first Monday of February, 1861. On the 18th of February, a decree by default was entered against the defendants, who appeal.
1Opinion of the CourtBaldwiN, C. J.
It is claimed by the counsel for the appellants, that the court erred in entering a decree as by default, sixty days not having expired after the service of the original notice and before the date of such decree.
Upon the authority of Pigman v. Denny, ante, the defendants can not avail themselves of this error, because they have not first moved for the correction of the same in the court below.
It is submitted by the appellants, that notwithstanding the defendants were notified to appear and answer at a regular term of the court, yet unless sixty days intervene after such service, and before…
2Cited by2 opinions
- Belknap v. BelknapSupreme Court of Iowa · 1912
- Carleton v. ByingtonSupreme Court of Iowa · 1864