Watson v. Horner
Supreme Court of Iowa
Appeal from Dallas District Court. — W. H. Fahey, Judge. Petition to vacate and set aside a judgment, and for a new trial of an action in which Albert C. Watson was plaintiff and William Horner was defendant, wherein Watson secured judgment by default against Horner for the sum of $800 and costs, the said action growing out of an automobile accident, the defendant William Horner being the owner and driver of the ear which struck Watson.
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Appeal from Dallas District Court. — W. H. Fahey, Judge. Petition to vacate and set aside a judgment, and for a new trial of an action in which Albert C. Watson was plaintiff and William Horner was defendant, wherein Watson secured judgment by default against Horner for the sum of $800 and costs, the said action growing out of an automobile accident, the defendant William Horner being the owner and driver of the ear which struck Watson. The petition is bottomed on the-insanity of Horner at the time the original notice was served and at the time judgment was rendered against him, Horner making…
1Opinion of the CourtDeem-er, J.
JUDGMENTS : setting-aside: insane person. Plaintiff Watson was injured by an automobile driven by William liorner about September 21, 1914, and, after some correspondence with reference thereto with defendant’s father, Oliver Horner, he com-T ,. . menced action against William, on or about December 22, 1914. The original notice was served personally on William Horner on December 22, 1914, by the sheriff of Dallas County. The action was commenced for the January, 1915, term of the Dallas County district court. Defendant made no appearance to the suit, and, default having been entered against…
2Cases cited1 opinion
- Hawley v. GriffinSupreme Court of Iowa · 1903
3Cited by8 opinions
- Olivera v. GraceCalifornia Supreme Court · 1942
- Beckley Nat. Bank v. BooneCourt of Appeals for the Fourth Circuit · 1940
- Avery v. Harms Implement Co.Supreme Court of Iowa · 1978
- Fernow v. GubserCourt of Appeals for the Tenth Circuit · 1943
- Montagne v. Cherokee CountySupreme Court of Iowa · 1925
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