Bank of Stratton v. Dixon
Supreme Court of Iowa
Appeal from Jasper District Court. — Hon. John T. Soott, Judge. This action was brought- on a judgment obtained against the defendant in Nebraska.
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Appeal from Jasper District Court. — Hon. John T. Soott, Judge. This action was brought- on a judgment obtained against the defendant in Nebraska. Service of the original notice herein was made by leaving a copy with the defendant’s wife at their home in Jasper county, on the-twenty-seventh day of March, 1895. On the tenth of April following, judgment by default was rendered against the defendant; and on May 14, 1895,. he filed a petition for a new trial, alleging that he was prevented from defending by unavoidable casualty and misfortune arising from the following facts, in substance: That…
1Opinion of the CourtSi-eebwin, J.
*6231 *622This petition for a new trial was filed under subdivision 7, section 3154, Code 1873, which pro*623vides that a new trial may be granted for “unavoidable casualty or misfortune preventing the party from prosecuting or defending.” The matter of granting a new-trial is left largely to the sound discretion of the trial court, and, unless an abuse of such discretion is shown, we will not disturb the finding. Callanan v. Bank, 84 Iowa, 8 Willett v. Millman, 61 Iowa, 123; Mogelberg v. Clevinger, 93 Iowa, 736.
2 There is no question in this case as to the residence of' the defendant at the time the…
2Cases cited5 opinions
- Callanan v. Ætna National Bank of HartfordSupreme Court of Iowa · 1891
- Willett v. MillmanSupreme Court of Iowa · 1883
- Mogelberg v. ClevingerSupreme Court of Iowa · 1895
- Niagara Insurance v. RodeckerSupreme Court of Iowa · 1877
- Bank of Stratton v. DixonSupreme Court of Iowa · 1898
3Cited by2 opinions
- Larson v. AinsworthSupreme Court of Iowa · 1918
- Fulton v. National Finance & Thrift Corp.Supreme Court of Iowa · 1942