Webster v. Page
Supreme Court of Iowa
Appeal from Marshall OvrevAt Go'wrt. A judgment was rendered against plaintiff and others in an action to recover for an injury to tbe personal property of plaintiff in that action by the negligent acts of defendants. This proceeding is to obtain a new trial in that action. An injunction was allowed herein to restrain the enforcement of the judgment against plaintiff, which, upon motion, was dissolved. Plaintiff appeals.
1Opinion of the CourtBeck, J.
l. new trial: alan.1' guar I. The plaintiff seeks to vacate the judgment rendered against him, and to obtain a new trial, under paragraphs 5 and 8 of Code, § 3154, which authorize a judgment to be vacated on the ground that the proceedings were erroneous, and the errors and his minority do not appear in the proceedings, and for errors generally, in a judgment against a minor, if shown within twelve months after he arrives at full age.
II. The plaintiff insists that the court below erroneously sustained the motion for reason that plaintiff did not appear in the original action by guardian. This…
2Cases cited2 opinions
- Bickel v. ErskineSupreme Court of Iowa · 1876
- Wickersham v. TimmonsSupreme Court of Iowa · 1878
3Cited by13 opinions
- Wilson v. HubbardWashington Supreme Court · 1905
- Wiltsey v. WiltseySupreme Court of Iowa · 1906
- Hicks v. . BeamSupreme Court of North Carolina · 1893
- Lambert v. KempthorneSupreme Court of Iowa · 1920
- Jones v. ClymanSupreme Court of Iowa · 1922
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