Wise v. Schloesser
Supreme Court of Iowa
Appeal from Dallas District Court. — How. J. H, Apple-gate, Judge. Dependant procured a judgment against plaintiff for breach, of promise and seduction. This is an application, to reverse, set aside, and vacate that judgment on the ground that when it was rendered plaintiff was a minor, and was not defended by guardian.
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Appeal from Dallas District Court. — How. J. H, Apple-gate, Judge. Dependant procured a judgment against plaintiff for breach, of promise and seduction. This is an application, to reverse, set aside, and vacate that judgment on the ground that when it was rendered plaintiff was a minor, and was not defended by guardian. Plaintiff also alleges that he has a good defense to the action in which the judgment was rendered, and that various errors were committed by the court in the trial of that action. The trial court set! aside, the original judgment in so far as it was based on the alleged…
1Opinion of the CourtDbemer, J.
1 2 3 At the time the original judgment was rendered against plaintiff, he was a minor. No guardian appeared to defend nor was a guardian ad litem appointed for him. Within a year from the time judgment was rendered, and within a year after plaintiff arrived at the age of majority, he commenced this action, based on the grounds— First, that the judgment was and is erroneous because no guardian was appointed to defend; and, second, because of errors occurring during the trial of the main case. For the purpose of the ease, it is agreed that plaintiff is able' to show a meritorious defense to…
2Cases cited14 opinions
- Fry v. LeslieSupreme Court of Virginia · 1891
- Johnson v. WaterhouseMassachusetts Supreme Judicial Court · 1891
- Dohms v. MannSupreme Court of Iowa · 1888
- Myers v. DavisSupreme Court of Iowa · 1877
- Webster v. PageSupreme Court of Iowa · 1880
9 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hawley v. GriffinSupreme Court of Iowa · 1903
- First National Bank v. CaseySupreme Court of Iowa · 1912
- State v. StarkSupreme Court of Iowa · 1911