Hawkeye Ins. v. Duffie
Supreme Court of Iowa
Certiorari. On the twenty-sixth day of May, 1884, plaintiff filed a petition in this court, in which it is alleged that at the September term, 1883, there was pending in the district’ court of Kossuth county a certain cause wherein P. O. Kincaid and Henry Warder were plaintiffs, and the plaintiff herein was defendant; that the parties to said cause appeared at said term, and the defendant filed a demurrer to the petition theretofore filed by the plaintiffs therein, which the…
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Certiorari. On the twenty-sixth day of May, 1884, plaintiff filed a petition in this court, in which it is alleged that at the September term, 1883, there was pending in the district’ court of Kossuth county a certain cause wherein P. O. Kincaid and Henry Warder were plaintiffs, and the plaintiff herein was defendant; that the parties to said cause appeared at said term, and the defendant filed a demurrer to the petition theretofore filed by the plaintiffs therein, which the court, after hearing the argument of counsel, sustained; that thereupon the plaintiffs elected to stand on their…
1Opinion of the CourtSeevers, J.
It will be conceded, if the court had jurisdiction of the defendant at the time the order was made setting aside the judgment, that the order cannot be attacked in this proceeding, but that the defendant should have appealed, and thus corrected the error. Code, § 3216; State v. Roney, 37 Iowa, 30. It will also be conceded that the court had the power to expunge any record made during the term, provided it had jurisdiction of the parties at the time the change in the record was made. The statute upon this subject is in these words: “ The record aforesaid is under the control of the court, and…
2Cases cited1 opinion
- State v. RoneySupreme Court of Iowa · 1873
3Cited by26 opinions
- Windus v. Great Plains GasSupreme Court of Iowa · 1962
- Ryan v. HutchinsonSupreme Court of Iowa · 1913
- Scott v. ScottSupreme Court of Iowa · 1916
- Kwentsky v. SirovySupreme Court of Iowa · 1909
- State ex rel. Enderlin State Bank v. RoseNorth Dakota Supreme Court · 1894
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