Shepard v. Ford
Supreme Court of Iowa
Appeal from Johnson District Court. cited Code of 1851, sections 1734-1744; Story Eq. PI. sections 874 and 875; Paige Cb. R. 504; Danl. Cb. Pr. 272; 3 Gilm. 317. It has been decided again and again, that tbe Code does not apply to chancery practice; and by that practice the plaintiff was entitled to an answer under oath. 7 John. 558; 1 Barb. Cb. Pr. 96; 4 Bouv. Inst. 477; Coopers Eq. PI. 325; 6 Paige Ch. R. 96; Van Valtenberg v. Alberry ante; 3 G. Greene 433.
1Opinion of the CourtLowe, C. J.
This was an action for the foreclosure of a mortgage. An answer ivas filed setting up a meritorious *503defense. Upon motion, the court directed the answer to be stricken from the files because it was not verified; and thereupon entered a judgment for plaintiff by default, as for the want of answer. Afterwards the defendant made a motion to set 'aside the judgment by default, founded upon an affidavit of merits and so forth, which was overruled. The decision of the court upon these two motions is assigned for error in this court.
Except in certain enumerated cases, special provisions for which…
2Cases cited2 opinions
- De France v. HowardSupreme Court of Iowa · 1857
- Childs v. HorrSupreme Court of Iowa · 1855
3Cited by6 opinions
- Conyngham v. SmithSupreme Court of Iowa · 1864
- Mitchell v. MooreSupreme Court of Iowa · 1868
- Clarke v. Bancroft, Beaver & Co.Supreme Court of Iowa · 1862
- Wilson v. HolcombSupreme Court of Iowa · 1862
- Culbertson v. LuckeySupreme Court of Iowa · 1862
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