Edwards Loan Co. v. Skinner
Supreme Court of Iowa
Appeal from Hardin District Court. — ■ Ho-N. J. K. Whit-AKee, Judge. This action was originally brought before a justice of the peace. Defendant, although duly served with notice, did not appear, and judgment was rendered against him by default. He thereupon appealed to the district court, where the cause was properly docketed, but defendant did not file answer in that court until the seventh day of the term for which the case was docketed.
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Appeal from Hardin District Court. — ■ Ho-N. J. K. Whit-AKee, Judge. This action was originally brought before a justice of the peace. Defendant, although duly served with notice, did not appear, and judgment was rendered against him by default. He thereupon appealed to the district court, where the cause was properly docketed, but defendant did not file answer in that court until the seventh day of the term for which the case was docketed. On that day, and before the case was reached for trial, he filed an answer which tendered issuable facts. Plaintiff thereupon moved to strike this answer…
1Opinion of the CourtDeemer, J.
Section 4568 of the Code provides, in substance, that, if an appeal be taken from a judgment by default before a justice, the defendant may, before noon of the second day of the term at which the appeal is triable, in the court to which it was taken, file any pleadings necessary to properly set forth any defense he may have to the action. The trial court held the provision in this statute as to time mandatory, and consequently struck defendant’s answer from the files. It is not a case wherein the trial court exercised any discretion it may have had in the premises. Hence that question is not…
2Cases cited11 opinions
- Williams v. Niagara Fire Ins.Supreme Court of Iowa · 1879
- Craine v. FultonSupreme Court of Iowa · 1860
- Briggs v. CoffinSupreme Court of Iowa · 1894
- Ruddick v. VailSupreme Court of Iowa · 1858
- Redfield v. MillerSupreme Court of Iowa · 1882
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- George v. GanderSupreme Court of Iowa · 1967
- Sioux County v. KostersSupreme Court of Iowa · 1922
- George v. GanderSupreme Court of Iowa · 1967