Legal Opinion

Bennett v. Carey

Supreme Court of Iowa

Decided December 7, 1881PublishedCited by 9 opinions

Appeal from Page District Court. This is a proceeding by petition under Code, sections 3155— 3162, to obtain a new trial in an action at law in which the defendant herein was plaintiff. The judgment was vacated and it was found that the defendant therein had a good and complete defense to the action, and final judgment was entered accordingly. Defendant appeals.

1Opinion of the CourtBeck, J.

I. On the 17th day of June, 1878, judgment by default was rendered against Bennett, the plaintiff herein, in the Circuit Court, in an action in which Carey, the defendant herein, was plaintiff and Bennett and others were defendants. On the 28th day of the same month and after the term Bennett filed his petition in this case praying that the judgment be set aside and that his defense to the action be tried and determined. The allegations of the petition we need not recite.

It appears that a trial was had in the Circuit Court to a jury and by their special findings it was determined that the…

2Cases cited2 opinions

  1. Ferguson v. Davis CountySupreme Court of Iowa · 1879
  2. Perkins v. JonesSupreme Court of Iowa · 1880

3Cited by9 opinions

  1. How & Co. v. JonesSupreme Court of Iowa · 1882
  2. Kell v. LundSupreme Court of Iowa · 1896
  3. Tennison v. StateMississippi Supreme Court · 1901
  4. Barry v. Black Hawk County District CourtSupreme Court of Iowa · 1914
  5. Wagner v. GlickSupreme Court of Iowa · 1916

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