Martin v. Reese
Supreme Court of Iowa
Appeal from Polk District Court. -Hon. T. F. Steven- . ■ son, Judge. • This is an action■ commenced August 14, 1895, on two promissory notes secured by mortgage, and asking judgment and decree of foreclosure. September 16,. 189.5 (it being the seventh day of the term), upon legal notice given, a default was entered, and judgment and ' decree given accordingly.
Read the full summary
Appeal from Polk District Court. -Hon. T. F. Steven- . ■ son, Judge. • This is an action■ commenced August 14, 1895, on two promissory notes secured by mortgage, and asking judgment and decree of foreclosure. September 16,. 189.5 (it being the seventh day of the term), upon legal notice given, a default was entered, and judgment and ' decree given accordingly. Thereafter, and on the twentieth day of September, 1895, the defendants filed-a verified answer; and on the twenty-eighth day of October, 1895, they filed a motion, supported by affidavit, to set aside the default and decree because the…
1Opinion of the CourtGtranger, J.
1
*6962 *695— The arguments: deal largely with the casé on its merits-, -as indicated by the issues made by the (pleadings. We first meet the question whether the-affidavit excusing tire default, is sufficient. In such' a case the party asking to have a default set' aside must plead issu-ability, and also present a reasonable excuse for the- -default. Joerns v. La Nicca, 75 Iowa, 705. In such a case we do- not interfere with *696the action of th'e trial' court except in clear case®, of .abuse of discretion. Rogers v. Cummings, 11 Iowa, 459; Marsh v. Colony, 36 Iowa, 603; Browning v. Gosnell, 91 Iowa, 448.…
2Cases cited4 opinions
- Browning v. GosnellSupreme Court of Iowa · 1894
- Joerns v. La NiccaSupreme Court of Iowa · 1888
- Marsh v. ColonySupreme Court of Iowa · 1873
- Rogers v. CummingsSupreme Court of Iowa · 1861
3Cited by3 opinions
- Bradshaw v. Des Moines InsuranceSupreme Court of Iowa · 1912
- Upmier v. FreeseSupreme Court of Iowa · 1925
- Wade v. SwartzendruberSupreme Court of Iowa · 1928