Bolander v. Atwell
Supreme Court of Iowa
Appeal from Linn District Court. The facts are stated in the opinion of the court. relies upon Ham-son y. Kramer, 3 Iowa, 557; Campbell v. Ayres, 6 Iowa, 339; Pierson y. David et al, 4. Iowa, 410.
1Opinion of the CourtBaldwin, C. J.
This was a bill in equity, for the settlement of a partnership account. The respondent failed to answer in time, under a rule of the court. The answer having been filed after the time fixed by the rule of court, it was, upon the motion of complainant, for this reason, stricken from the files, and a decree pro confesso entered upon the complainant’s petition.
It is first objected that the court erred in sustaining the motion to strike the defendant’s answer from the files. At the time this motion was made there was no excuse offered by respondent for his failure to comply with the rule of…
2Cases cited2 opinions
- Harrison v. KramerSupreme Court of Iowa · 1856
- Alexander v. DoranSupreme Court of Iowa · 1862
3Cited by2 opinions
- Ordway v. SuchardSupreme Court of Iowa · 1871
- Morgan v. IceWest Virginia Supreme Court · 1917