Walker v. Hutchinson
Supreme Court of Iowa
Appeal from Johnson Circuit Cowrt. ' The petition in this cause was filed on the 10th day of January, 1876. The action is in equity, and involves the validity of a tax title.
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Appeal from Johnson Circuit Cowrt. ' The petition in this cause was filed on the 10th day of January, 1876. The action is in equity, and involves the validity of a tax title. Defendants appeared and filed a mo■tion in said cause on the 22d day of March, 1876. On the 22d day of March, 1877, the court made the following order: “On motion of plaintiff it is ordered that this cause be continued, and that defendants have judgment for costs up to date, and defendants are ruled to answer within sixty days/’ On the 26th clay of May, 1877, the defendants having failed to answer, the plaintiff filed a…
1Opinion of the CourtEothrock, J.
i. practice : default.1 The plaintiff complains because his motion for a default was overruled, and the defendants were permitted to answer. It will be observed that no judgment by default had been entered. The cause stood upon plaintiff’s motion for a default because the defendants *366had not answered within the sixty days. The question for our determination is, did the court abuse its discretion in holding that the resistance to the motion was sufficient to entitle the defendants to answer ?
It has often been determined that setting aside a judgment obtained by default is a matter within the…
2Cited by3 opinions
- Severson v. SueppelSupreme Court of Iowa · 1967
- Davis v. Huber Manufacturing Co.Supreme Court of Iowa · 1903
- Edwards Loan Co. v. SkinnerSupreme Court of Iowa · 1905