Fleming v. Conrad

This action is brought for the recovery of a tract of land; judgment by default was taken, for want of an answer, and was afterwards confirmed.

The plaintiff moved to have it set aside and to be allowed to file an answer.

1. Because the judgment was taken prematurely.

2. Because no judgment deciding on the property of land, can be taken without the appearance of the defendant.

The district court refused to set aside the judgment, or to allow the answer to be filed, and the plaintiff appealed.

His counsel urges as an error, apparent on the record, that the citation was not served on him, as the law…