Iowa Savings & Loan Ass'n v. Kent
Supreme Court of Iowa
Appeal from Polk District Court.— Hon. James A. Howe, Judge. This is an action to set aside a judgment rendered against the defendant and for a new trial of the case based upon unavoidable casualty and misfortune preventing an appearance by defendant to the original suit. The trial court denied the petition, and defendant appeals.-—
1Opinion of the CourtDeemer, J.
The original action was upon two promissory notes executed by defendant to plaintiff. Defendant entered an appearance to the action and filed a demurrer and a motion for a more specific statement. Stipulations were also entered into regarding the time when defendant should plead, and thereafter an answer -was filed. The case was then sent to a referee by agreement of parties. This referee set the case for hearing on June 16, 1905. As defendant did not then appear, the hearing was postponed until June 23d, and defendant not then appearing, it was postponed until the 26th. Defendant did not…
2Cases cited3 opinions
- Callanan v. Ætna National Bank of HartfordSupreme Court of Iowa · 1891
- Lundon v. WaddickSupreme Court of Iowa · 1896
- Rogers v. CummingsSupreme Court of Iowa · 1861
3Cited by1 opinion
- Svoboda v. Svoboda Ex Rel. HullingerSupreme Court of Iowa · 1953