Norman v. Iowa Central Railway Co.
Supreme Court of Iowa
Appeal from, Hardin District Oourt. — Hon. C. E. Albrook, Judge. Action to recover $2,000 by way of damages for personal injuries received by plaintiff’s wife while she, in company with plaintiff and her children, was a passenger on defendant’s train.
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Appeal from, Hardin District Oourt. — Hon. C. E. Albrook, Judge. Action to recover $2,000 by way of damages for personal injuries received by plaintiff’s wife while she, in company with plaintiff and her children, was a passenger on defendant’s train. The petition was filed and notice served December 31, 1908, and on the return day, January 12, 1909, which was the second day of the January term of the court, a default was entered against the defendant for want of appearance, and thereupon, proof being offered as to the amount of plaintiff’s damages, judgment was on that day rendered against…
1Opinion of the Court
McClain, J.-
1 Practice-default * j udg-11 ment' -Plaintiff’s resistance to defendant’s motion to set aside the default and judgment entered thereon was based upon want of showing of due care and diligence oil Pai’t defendant, in interposing’ a defense, and upon a want of showing of meritorious defense, and the motion to strike defendant’s amendment and showing was on the ground that such amendment was not presented in due time. As the amendment was offered before the court had proceeded to a hearing of the original motion and the resistance thereto, we see no reason why it should have been…
2Cases cited3 opinions
- Barto v. Sioux City Electric Co.Supreme Court of Iowa · 1903
- Douglas v. Badger State MineWashington Supreme Court · 1905
- Klepfer v. City of KeokukSupreme Court of Iowa · 1905
3Cited by5 opinions
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- Hallett v. SlaughterCalifornia Supreme Court · 1943
- Hallett v. SlaughterCalifornia Supreme Court · 1943