Smith v. Watson

Dillon, Oh. J.

l. pleading: tion. I. A petition to foreclose a mortgage contained in the body thereof the essential allegations describing the parties, setting forth the facts constituting the cause or action, the relief sought, etc., but was addressed as follows: “ To the judge of the District Court of Polk county, Iowa,” and failed to name the parties, plaintiffs and defendants, at the head thereof; nor was it headed with the word “ petition ” or the words “ petition in equity.” Held, that these defects were merely formal, and that the court did not err in refusing, on account thereof, to…