King v. Stewart
Supreme Court of Iowa
Appeal from Humboldt Circuit Comt. The petition in this case was filed on the 8th day of December, 1875. Service of the original notice was made upon the defendant in Polk county; on the day following, requiring him to appear and defend before noon of the first day of the next February Term of said court. The action was in equity to quiet plaintiff’s alleged title to certain real estate. The defendant did not appear on the first day of the term.
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Appeal from Humboldt Circuit Comt. The petition in this case was filed on the 8th day of December, 1875. Service of the original notice was made upon the defendant in Polk county; on the day following, requiring him to appear and defend before noon of the first day of the next February Term of said court. The action was in equity to quiet plaintiff’s alleged title to certain real estate. The defendant did not appear on the first day of the term. On the second day a default was entered and a decree rendered as prayed for in plaintiff’s petition. In the forenoon of the same day, defendant…
1Opinion of the Court
Rothrock, Ch. J.
I. It is first urged that “the court erred in granting a default and rendering judgment against defendant before the afternoon of the second day of said term of court. ”
Section 180 of the Code provides that judges of the District and Circuit Courts may provide by general rule “that the time of filing pleadings or motions shall be other than provided by this Code.”
It appears from the argument of appellant’s counsel that in the order fixing the times of holding the courts in the district, it was directed, in all actions in both courts, the defendants were required to move,…
2Cited by8 opinions
- Jean v. HennessySupreme Court of Iowa · 1888
- Worth v. WetmoreSupreme Court of Iowa · 1893
- Manning v. FergusonSupreme Court of Iowa · 1897
- Shaffer v. MorganSupreme Court of Iowa · 1920
- Lynch v. PowersSupreme Court of Iowa · 1924
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