State Bank v. McElroy
Supreme Court of Iowa
Appeal from Wapello District Court. — Hon. T. M. Fee, Judge. Action at law, aided by attachment, to recover of the Granite State Provident Association of Manchester, N. H., the par value of certain shares of fully-paid stock, with interest. The association was adjudged to be in default. Its receiver, E. E. McElroy, filed an answer and an application to set aside the default.
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Appeal from Wapello District Court. — Hon. T. M. Fee, Judge. Action at law, aided by attachment, to recover of the Granite State Provident Association of Manchester, N. H., the par value of certain shares of fully-paid stock, with interest. The association was adjudged to be in default. Its receiver, E. E. McElroy, filed an answer and an application to set aside the default. The application was denied, the answer was stricken from the files, and judgment was rendered in favor of the plaintiff, and against the association, for the amount claimed; and certain attached property was subjected to…
1Opinion of the CourtBobinson, J.
The original notice, directed to the association, was served in May, 1896, by publication. At the next August term of the court, which closed on the tenth day of October, David A. Taggart, as assignee of the association, appeared in the action, and filed a motion to have the petition made more specific. The motion was sustained, and an amendment to the petition was filed on the nineteenth day of September; but, nothing further having been done, a default was entered against the association on the last day of the August term. On the first day of the next term, which commenced October 26th,…
2Cases cited8 opinions
- Tracy v. . First National Bank of SelmaNew York Court of Appeals · 1868
- Kelly v. . CrapoNew York Court of Appeals · 1871
- Allen v. Central RailroadSupreme Court of Iowa · 1876
- Ayres v. SiebelSupreme Court of Iowa · 1891
- Weigen v. Council Bluffs InsuranceSupreme Court of Iowa · 1898
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3Cited by3 opinions
- Shloss v. Metropolitan Surety Co.Supreme Court of Iowa · 1910
- Reed v. HollingsworthSupreme Court of Iowa · 1912
- Watts v. Southern Surety Co.Supreme Court of Iowa · 1933