Taylor v. Lusk
Supreme Court of Iowa
Appeal from Henry District Court. Replevin. Eor tbe material facts see the opinion, cited Mims v. Sturdevant, 23 Ala. 664; Beal v. Ludlow, 14 Ala. 523; Hadden v. Powell, 17 Ala. 314; Holt v. Walicer, 26 Maine 107; Maxwell v. Harrison, 8 Georgia 61.
1Opinion of the CourtWright, C. J.
On the 8th day of the December Term, 1857, the plaintiff failing to appear, the cause was called, tried, and judgment rendered against him for the value of the property replevined, with interest. Afterwards, on the 4th of January, 1858, but at the same term, plaintiff appeared and filed .his affidavit and motion to set aside this judgment. The motion was sustained. Defendants now insist that'this application was not made in time.
The question presents no difficulty. It was entirely competent to entertain and determine the motion at any time during the term. During all the term the record is…
2Cases cited2 opinions
- Mims v. SturdevantSupreme Court of Alabama · 1853
- King v. KinneySupreme Court of Iowa · 1859
3Cited by16 opinions
- Stephens v. WilliamsSupreme Court of Iowa · 1877
- Streeter v. GleasonSupreme Court of Iowa · 1903
- Todhunter v. De GraffSupreme Court of Iowa · 1914
- Nodle v. HawthornSupreme Court of Iowa · 1899
- McCormicks v. FullerSupreme Court of Iowa · 1881
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