Boals v. Shules
Supreme Court of Iowa
Appeal from Monroe District Court. Wednesday, August 31. Action against defendants, who are physicians, for malpractice. The term of the court began on Monday, the 18th day of April. On the second day of the term a default was entered for want of an appearance and answer.
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Appeal from Monroe District Court. Wednesday, August 31. Action against defendants, who are physicians, for malpractice. The term of the court began on Monday, the 18th day of April. On the second day of the term a default was entered for want of an appearance and answer. The service of the notice is sufficient, and the notice itself regular, except that it- requires defendants to appear “ on or before noon of the second day of the April term of the district court, to begin on the 12th day of April, 1870.” After the default was entered certain attorneys suggested to the court the…
1Opinion of the CourtBeck, J.
1. default: to set aside. I. The appellant insists that the court had no authority to set aside the default in the manner shown by the record, and relies, in support of this view, upon Revision, section 3150. This section requires such an order to be based upon an affidavit of merits, and reasonable excuse shown for having made the default. This section is evidently applicable to cases where defaults are actually made, and where the court has authority to render judgment thereon. In a case where in fact no default has been made by the defendant, the court has no authority to enter judgment as…
2Cases cited1 opinion
- Decatur County v. ClementsSupreme Court of Iowa · 1865
3Cited by27 opinions
- Hoitt v. SkinnerSupreme Court of Iowa · 1896
- Godfrey v. ValentineSupreme Court of Minnesota · 1888
- Krueger v. LynchSupreme Court of Iowa · 1951
- Fernekes & Bros. v. CaseSupreme Court of Iowa · 1888
- Moffitt v. Chicago Chronicle Co.Supreme Court of Iowa · 1899
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