McDonald v. Donaghue
Supreme Court of Iowa
Appeal from Henry District Court. Action in chancery to subject certain land to a judgment recovered by plaintiff against James Sloughtery, who has since deceased. The petition alleges that the lands were conveyed by Sloughtery in his life-time, to defendant Donaghue, in trust for the use of the “ Sisters of Charity,” for the purpose of hindering the collection of plaintiff’s judgment. Other allegations of the petition need not be set out.
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Appeal from Henry District Court. Action in chancery to subject certain land to a judgment recovered by plaintiff against James Sloughtery, who has since deceased. The petition alleges that the lands were conveyed by Sloughtery in his life-time, to defendant Donaghue, in trust for the use of the “ Sisters of Charity,” for the purpose of hindering the collection of plaintiff’s judgment. Other allegations of the petition need not be set out. Some of the defendants were made parties by an amended petition. June 16, 1868, all of the defendants then served with, the notice, except Donaghue, having…
1Opinion of the CourtBeck, J.
Revision, section 3150, provides that a default may be set aside upon application made at the term in which it was entered, but not without an affidavit of merits and a reasonable excuse being shown'for the default. These requirements were not observed in this case. The default had been entered more than a year — terms of court intervening between the date of the default and the term at which it was set aside. There was no affidavit of merits and no excuse shown for the default. The order of the court appealed from was, therefore, erroneous. Harper v. Drake, 14 Iowa, 533; Stone v. Brown, id.…
2Cases cited1 opinion
- Harper v. DrakeSupreme Court of Iowa · 1863
3Cited by2 opinions
- Lynch v. PowersSupreme Court of Iowa · 1924
- Chandler Milling & Manufacturing Co. v. SinaikoSupreme Court of Iowa · 1926