Legal Opinion

Hoover v. Kinsey Plow Co.

Supreme Court of Iowa

Decided April 20, 1881PublishedCited by 10 opinions

Appeal from Guthrie Oircmt Goitrt. Action to set aside a judgment and execution sale made thereon. The petition was filed September 19, 1879, and avers in substance that the judgment was rendered against the plaintiff in said court upon a promissory note upon which the plaintiff'was merely surety; that at the time of the execution of the note, and also at the time of the- rendition of the judgment, the plaintiff was a minor and was not acting for himself; that service of…

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Appeal from Guthrie Oircmt Goitrt. Action to set aside a judgment and execution sale made thereon. The petition was filed September 19, 1879, and avers in substance that the judgment was rendered against the plaintiff in said court upon a promissory note upon which the plaintiff'was merely surety; that at the time of the execution of the note, and also at the time of the- rendition of the judgment, the plaintiff was a minor and was not acting for himself; that service of notice was made by publication only; that no guardian ad litem was appointed and judgment was rendered by default; that the…

1Opinion of the Court

Adams, On. J.

1cont,fS:' disaffirmance. — It was erroneous to render judgment iu the action against the plaintiff before a guardian ad litem had been appointed for him, and an answer filed by the guardian. Oode, § 2566; Drake v. Hanshaw, 47 Iowa, 291. The District or Circuit Court in which a judgment has been rendered has power after the term to vacate a judgment for erroneous proceedings against a minor. Code, § '3154, sub. 5. But a petition by a judgment defendant must state the facts constituting a defense. Code, § 3157. The facts relied upon in this case as constituting a defense to the…

2Cases cited2 opinions

  1. Jones v. JonesSupreme Court of Iowa · 1877
  2. Drake v. HanshawSupreme Court of Iowa · 1877

3Cited by10 opinions

  1. Rocky Mountain Gun Owners v. PolisCourt of Appeals for the Tenth Circuit · 2024
  2. Rice ex rel. Jones v. BoltonSupreme Court of Iowa · 1905
  3. Eisenmenger v. MurphySupreme Court of Minnesota · 1889
  4. Trolinger v. CluffIdaho Supreme Court · 1936
  5. Nels v. RiderSupreme Court of Iowa · 1919

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