Spencer v. Berns
Supreme Court of Iowa
Appeal from Polk District Court.- — Hon. W. F. Conrad, Judge. The plaintiff obtained a judgment by default against both defendants on the seventh day of January, 1899. On the thirtieth day of March, 1899, Mary A. Berns, the wife of Q. T. Berns, filed a motion to set aside the default as to her, on the ground that no notice of suit was ever served on her. The motion was sustained, and the judgment and default set aside as to this defendant. The plaintiff appeals.
1Opinion of the CourtSherwin, J.
1 2 The service on Mary A. Berns was by leaving a copy at her home with one Walter Berns, she not being present. It was claimed, and the trial court so found, that .said Walter-Berns was not a member of her family, nor of the family of her husband, but that he resided some distance therefrom. This finding of fact by the trial court is supported by the evidence, and we will not disturb it, under the well-settled rule that the trial court has a wide discretion in such matters, which will not be interfered with unless abused. There was no service on Mary A. Berns, and hence the court *128had no…
2Cases cited12 opinions
- Harshey v. BlackmarrSupreme Court of Iowa · 1866
- Hoitt v. SkinnerSupreme Court of Iowa · 1896
- Kitsmiller v. KitchenSupreme Court of Iowa · 1867
- Lyon v. VanattaSupreme Court of Iowa · 1872
- Shelley v. SmithSupreme Court of Iowa · 1879
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3Cited by11 opinions
- Swift v. SwiftSupreme Court of Iowa · 1947
- Williamson v. WilliamsonSupreme Court of Iowa · 1917
- Dimmitt v. CampbellSupreme Court of Iowa · 1967
- Miller v. Farmers Cooperative Company, Lost NationSupreme Court of Iowa · 1970
- Rosenberg v. JacksonSupreme Court of Iowa · 1976
6 more not listed; retrieve them via the Exa API.