Jones v. Leech
Supreme Court of Iowa
Appeal from Dubuque District Court. Action upon a promissory note. The defense of usury was pleaded thereto. There was an appearance for defendant at the trial, and a judgment had for plaintiff. Defendant filed a petition to vacate the judgment and for a new trial upon the ground that the attorney employed by him to defend the case had negligently and fraudulently failed to take testimony and appear and defend at the trial, and suffered judgment to be taken in the case.
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Appeal from Dubuque District Court. Action upon a promissory note. The defense of usury was pleaded thereto. There was an appearance for defendant at the trial, and a judgment had for plaintiff. Defendant filed a petition to vacate the judgment and for a new trial upon the ground that the attorney employed by him to defend the case had negligently and fraudulently failed to take testimony and appear and defend at the trial, and suffered judgment to be taken in the case. No fraud or improper practice is charged against plaintiff, or his attorneys. It is shown that the attorney is insolvent and…
1Opinion of the CourtBeck, J.
i judgment: negligence^ attorney. We are all agreed that the demurrer was erroneously overruled. The petition shows that the defense to the note was 11 presented upon the trial, on account ^le negligence and fraud of defendant’s attorney. f1-aucl) however, is charged against the other party. The law regards the neglect of an attorney as the client’s own neglect, and will give no relief from the consequences thereof. Were courts authorized to disturb judgments because of the neglect and unsldllfulness of attorneys appearing in the cases, the character of these adjudications of the courts for…
2Cases cited8 opinions
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3Cited by18 opinions
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