Legal Opinion

Gilruth v. Gilruth

Supreme Court of Iowa

Decided April 10, 1866PublishedCited by 9 opinions

Appeal from. Scott District Court. The case summarily is this: In August, 1863, plaintiff ' obtained by default, after due publication of notice, a decree of divorce from the defendant, on the ground of willful desertion for more than two years.

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Appeal from. Scott District Court. The case summarily is this: In August, 1863, plaintiff ' obtained by default, after due publication of notice, a decree of divorce from the defendant, on the ground of willful desertion for more than two years. The defendant, in July, 1865, not having before appeared (the service being by publication only), came into court and moved to set aside the default against her in the case stated, and to retry the cause by such defense as was made by her in her answer, which denied the abandonment on her part, and all other material allegations in the petition, but…

1Opinion of the Court

Lowe, Ch. J.

i. default: ?oamtruea. The point to be settled is, whether the court erred in setting aside the default and in granting a retrial of the cause. This was done by virtue of the supposed authority contained in section 8160 of the Revision, which provides that a defendant, served by publication only, and not appearing, against whom a judgment has been rendered, may, within two years thereafter, come into court, and move to have the action retried, &c.

There is certainly much in the preceding sections, and those which immediately follow (although some of them are now. repealed), tending…

2Cited by9 opinions

  1. Whitcomb v. WhitcombSupreme Court of Iowa · 1877
  2. Eaton v. EatonNebraska Supreme Court · 1902
  3. Rush v. RushSupreme Court of Iowa · 1877
  4. Tollefson v. TollefsonSupreme Court of Iowa · 1908
  5. Comes v. ComesSupreme Court of Iowa · 1920

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