McFarland v. Lowry
Supreme Court of Iowa
Appeal from Mills Circuit Court. This action was commenced before a justice of the peace, and judgment there rendered for plaintiffs. Upon an appeal by defendant to the Circuit Court, a judgment was had in his favor. Plaintiff now’ appeals to this court. The other facts of the case appear in the opinion.
1Opinion of the CourtBeck, J.
I. At the trial before the justice, defendant appeared and made objections to the sufficiency to tbe notice i. practice • which were not sustained, and, failing to plead to default. the action, a default for want of an answer was entered against him, and thereupon plaintiff proved up his claims, and judgment was entered accordingly. The abstract of the record before us shows that, upon the appeal in the Circuit Court, defendant filed an answer denying the allegations of the petition. Afterward plaintiff filed a motion to strike the answer from the files, on the ground “ that this being an…
2Cited by5 opinions
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- Moffitt v. Chicago Chronicle Co.Supreme Court of Iowa · 1899
- Harty v. D. M. & M. R.Supreme Court of Iowa · 1880
- Park v. RatcliffeSupreme Court of Iowa · 1875