Marsh v. Colony
Supreme Court of Iowa
Appeal from Bremer District Gov/rt. Judgment by default set aside on motion of defendant. Plaintiff appeals.
1Opinion of the Court
Miller, J.—
On the 4th day of September, 1872, being the third day of the term, the plaintiff obtained a judgment by default against the defendant. On the 6th day of September and during the same term, the defendant filed a motion supported by the affidavit of defendant’s attorney, to set aside the default. A counter affidavit was also filed on part of the plaintiff, and upon a hearing on the motion and affidavits the court sustained the motion and set aside the default. This ruling is assigned as error. The court has a large discretion in passing upon motions to set aside defaults, and unless…
2Cited by6 opinions
- Farmers Exchange Bank v. TresterSupreme Court of Iowa · 1910
- Callanan v. Ætna National Bank of HartfordSupreme Court of Iowa · 1891
- Capital Savings Bank & Trust Co. v. SwanSupreme Court of Iowa · 1897
- Mogelberg v. ClevingerSupreme Court of Iowa · 1895
- Tate v. DelliSupreme Court of Iowa · 1936
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