Austin v. Riley
U.S. Circuit Court for the Southern District of Iowa
In Equity. Suit Tt>y Julia A. Austin, against James F. Riley, Katlierme 1L Riley, and Benjamin. Winchester. Heard on motion to set aside default and vacate ike decree.
1Opinion of the Court
WOOLSOH, District Judge,
(after stating the facts.) "While counsel for complainant have made a showing seeking to disprove the allegations of the motion and accompanying affidavits, (which impute improper, deceitful, or fraudulent conduct on their part,) they directly deny the power of the court to vacate or modify the decree as attempted. And to the latter question we will first address our attention, since, if this power does not exist, the questions of fact beyond will not demand investigation. The point presented may be thus stated: That the motion having been filed herein after the term…
2Cases cited6 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- Thomson v. WoosterSupreme Court of the United States · 1885
- Ruggles v. EddyU.S. Circuit Court for the District of Northern New York · 1874
- De Florez v. RaynoldsU.S. Circuit Court for the District of Southern New York · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Provident Life & Trust Co. of Philadelphia v. Camden & T. Ry. Co.Court of Appeals for the Third Circuit · 1910
- Loewe v. Union Savings BankDistrict Court, D. Connecticut · 1915