Acheson v. Inglis Bros.
Supreme Court of Iowa
!Appeal from Polk District Court. — Hon. Hugh Brennan, Judge. In the fall of 1909, plaintiff delivered to defendants 2,312 hnshels and 48 pounds of old corn, for which they gave him a receipt, stating that storage at one-half cent per bushel after December 1, 1909, would be charged. They were to pay him the market price whenever he elected to sell.
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!Appeal from Polk District Court. — Hon. Hugh Brennan, Judge. In the fall of 1909, plaintiff delivered to defendants 2,312 hnshels and 48 pounds of old corn, for which they gave him a receipt, stating that storage at one-half cent per bushel after December 1, 1909, would be charged. They were to pay him the market price whenever he elected to sell. The petition so recited, and, in addition thereto, alleged that defendants disposed of the com without plaintiff’s consent; that on December 23, 1909, he requested defendants to sell the corn, the market value thereof then being fifty-five cents…
1Opinion of the CourtLadd, J.
i. Judgment by default: vacation: statutes. I. The issues had been joined by the filing of an answer. Although the cause was set down for trial without the knowledge of defendants or their attorneys, and, when reached they did not appear, evidence was adduced and judgment entered. But such judgment was not by default, but on trial, in which the issues raised by the pleadings were passed on by the court. A default is the failure of a party to take a step ■ required by law in the progress of a legal action. 6 Ency. of P. & P. 60. At the common law, 'a judgment by default was entered when…
2Cases cited9 opinions
- Taylor v. LuskSupreme Court of Iowa · 1859
- Strine v. KaufmanNebraska Supreme Court · 1882
- Brace v. GradySupreme Court of Iowa · 1873
- State v. DoughertySupreme Court of Iowa · 1886
- Chicago, Iowa & Dakota R'y Co. v. EstesSupreme Court of Iowa · 1887
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3Cited by4 opinions
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- Klein v. RappaportDistrict of Columbia Court of Appeals · 1952
- Indiana State Board of Medical Registration & Examination v. PickardIndiana Court of Appeals · 1931
- Cedar Rapids Finance & Thrift Co. v. BowenSupreme Court of Iowa · 1930