Rice v. Griffith
Supreme Court of Iowa
Appeal from Keolcule District Court. ACTION on a promissory note. Judgment by default. At the same term one of the defendants appeared and made affidavit that he had not been served, that he did not believe any notice had been served, that none could be found on file, and that he had never appeared to the action, nor authorized any person to appear for him. Upon the affidavit he asked leave to make a special appearance, and to set aside the default.
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Appeal from Keolcule District Court. ACTION on a promissory note. Judgment by default. At the same term one of the defendants appeared and made affidavit that he had not been served, that he did not believe any notice had been served, that none could be found on file, and that he had never appeared to the action, nor authorized any person to appear for him. Upon the affidavit he asked leave to make a special appearance, and to set aside the default. This motion was overruled and from this order the defendant appeals. Casady $ Croelcer, for the appellee, relied upon Code of 1851, section 1827;…
1Opinion of the CourtWoodward, J.
The action was commenced prior to the November term, 1858, and at that term the record says: “ now comes the defendant and moves the court to continue the cause, and it appearing that this is the appearance term to this cause, the same is continued.” At the March term a default was entered, and at the same term the defendant moved to set it aside. At the hearing of this motion the court heard the professional statement of the attorney to the effect that at the previous term he had made an appearance for the defendants, through mistake ; that he was employed in other causes for one of the…
2Cases cited1 opinion
- Messenger v. MarshSupreme Court of Iowa · 1858
3Cited by7 opinions
- Cogley v. Hy Vee Food Stores, Inc.Supreme Court of Iowa · 1965
- Hirsch Bros. & Co. v. R. E. Kennington Co.Mississippi Supreme Court · 1929
- Kirby v. HolmanSupreme Court of Iowa · 1947
- Culbertson v. Salinger & BrighamSupreme Court of Iowa · 1903
- Wagoner v. RingSupreme Court of Iowa · 1932
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