Sitzer v. Fenzloff
Supreme Court of Iowa
Appeal from Floyd District Court. — IIon-. C. H. Kelley,. Judge. From an order sustaining- defendant’s motion to set-aside a default and judgment and grant a new trial, plaintiff appeals.
1Opinion of the CourtDeemeb, J.
1 Tbe action is to recover compensation for medical services rendered the defendant’s son. Tbe original notice was served by plaintiff’s son, and due and timely return made to tbe district court. Tbe petition was not verified, but a bill of particulars attached thereto-as an exhibit was verified by plaintiff. This bill did not meet the requirements of section 3623 of the Code in all particulars, but, in the absence of timely objection, was sufficient as a bill against defendant’s son.
*4932 *492Tbe copy of tbe petition filed with the clerk did not have a bill of particulars annexed. Defendant failed to…
2Cases cited6 opinions
- Callanan v. Ætna National Bank of HartfordSupreme Court of Iowa · 1891
- Westphal, Hinds & Co. v. ClarkSupreme Court of Iowa · 1877
- Willett v. MillmanSupreme Court of Iowa · 1883
- Burlington & Missouri River Railroad v. MarchandSupreme Court of Iowa · 1858
- Lundon v. WaddickSupreme Court of Iowa · 1896
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3Cited by12 opinions
- Barto v. Sioux City Electric Co.Supreme Court of Iowa · 1903
- Kelly v. CummensSupreme Court of Iowa · 1909
- Svoboda v. Svoboda Ex Rel. HullingerSupreme Court of Iowa · 1953
- Farmers Exchange Bank v. TresterSupreme Court of Iowa · 1910
- Hueston v. Preferred Accident InsuranceSupreme Court of Iowa · 1913
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