Roe v. McCaughan
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. A. Spurrier, Judge. Action at law on two promissory notes executed by defendants to one J. A. Roe, and by Roe transferred and indorsed to plaintiff.
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Appeal from Polk District Court. — Hon. W. A. Spurrier, Judge. Action at law on two promissory notes executed by defendants to one J. A. Roe, and by Roe transferred and indorsed to plaintiff. Defendant McCaughan alone appeared and filed answer, pleading that he was a surety for his co-defendant ; that the action is barred against the principal; that the payee released the principal by an agreement based on sufficient consideration, without his (the surety’s) consent ; that plaintiff is not the owner of the notes; that T. S. Roe is a brother of J. A., and plaintiff a son, and that T. S. was a…
1Opinion of the CourtDeemer, J.
*2761 2 *275The case was tried at the January term, 1897, of court, and a judgment was entered on February 2, 1897, dismissing plaintiff’s petition, no time being given for plaintiff to file a bill of exceptions, and no exceptions being taken to the judgment, as we understand it. Thereafter and on July 8, 1897, plaintiff filed a motion to set aside the *276judgment because entered by inadvertence and mistake, and because it deprived plaintiff of his right of appeal. The record shows the following entries relative to this motion: “This cause came on for hearing July 12, 1897, upon motion to vacate judgment…
2Cases cited6 opinions
- Inghram v. National UnionSupreme Court of Iowa · 1897
- Saar v. FinkinSupreme Court of Iowa · 1890
- British American Assurance Co. v. NeilSupreme Court of Iowa · 1889
- Haskell v. City of Des MoinesSupreme Court of Iowa · 1888
- Giger v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Strand v. Grinnell Automobile Garage Co.Supreme Court of Iowa · 1907
- Lull & Skinner Co. v. Kemmerer Vehicle Co.Supreme Court of Iowa · 1907