Atkins v. M'Cready
Supreme Court of Iowa
Appeal from the Polk District Court. Plaintiff declared before a justice of the peace, upon two notes made by Martin P. M’Cready and Jackson Wilson. M’Cready was not served. Wilson was served, and failing to appear, judgment was entered against him by default. The justice certifies that “ defendant filed their appeal bond, witli John M’Cready as security, which was approved by me, and appeal allowed.”
Read the full summary
Appeal from the Polk District Court. Plaintiff declared before a justice of the peace, upon two notes made by Martin P. M’Cready and Jackson Wilson. M’Cready was not served. Wilson was served, and failing to appear, judgment was entered against him by default. The justice certifies that “ defendant filed their appeal bond, witli John M’Cready as security, which was approved by me, and appeal allowed.” This bond is signed by the makers of the notes, and John M’Cready, and recites that Wilson has appealed from a judgment, &c., in an action wherein Nathaniel Atkins is plaintiff, “ and Martin P.…
1Opinion of the Court
"Weight, O. J.
Wilson has not appealed, and we therefore pass, without comment, so much of the argument and assignment of errors as relate to him. We direct attention alone to so much of the case as concerns the parties appealing.
The appellants object that the court erred in not trying the cause upon its merits, and in affirming the judgment upon plaintiff’s motion, without any cause being assigned therein. They did not appear before the district court, nor was any defense interposed to plaintiff’s demand, at any stage of the proceedings. Being in default, there was, in fact, nothing to try ;…
2Cited by1 opinion
- Harty v. D. M. & M. R.Supreme Court of Iowa · 1880