Mally v. Roberts
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Wm. S. Ayres, Judge. • Action on promissory note. The trial court having set aside a default which had been entered against the defendant Laura B. Hammond, the plaintiff appeals.
1Opinion of the CourtWeaver, J.
The action is at law to recover upon a promissory note signed by C. A. Roberts and Laura B. Roberts (now *524Hammond) and indorsed by C. J. Myers. ■ The defendant Laura B. Hammond was personally served with notice, but, no appearance having been entered for her, she was defaulted on the second day of the term. Two days thereafter, and within the term, she appeared by counsel and moved to set aside the default and tendered an answer. This motion was sustained over the plaintiff’s objection, and he appeals.
lm vacation^of detion^ ‘sufficiency The setting aside of a default is peculiarly within the…
2Cases cited8 opinions
- Barto v. Sioux City Electric Co.Supreme Court of Iowa · 1903
- Griel v. . VernonSupreme Court of North Carolina · 1871
- Ordway v. SuchardSupreme Court of Iowa · 1871
- Howe v. Independence Consolidated Gold & Silver Mining Co.California Supreme Court · 1865
- Alvord v. GereIndiana Supreme Court · 1858
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Reilley v. KinkeadSupreme Court of Iowa · 1917
- Newell v. TweedSupreme Court of Iowa · 1949
- Ryan v. Phoenix InsuranceSupreme Court of Iowa · 1927
- Gray v. BrickerSupreme Court of Iowa · 1918
- Barrett v. Oakley, SheriffWyoming Supreme Court · 1929
2 more not listed; retrieve them via the Exa API.