Ellis v. Remley
Supreme Court of Iowa
■Certiorari from Lynn District Court. — Hon. H. M. Eemley, Judge. In a cause pending in the district court of Linn county, wherein plaintiff sought judgment and the foreclosure of a mechanic’s lien against James McGuire, issues had been joined, and the case set down for trial November 12, 1900. When called, McGuire and his attorney failed to appear,- and the court, after hearing the evidence adduced by plaintiff, ordered relief as prayed, and two days later signed a •decree…
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■Certiorari from Lynn District Court. — Hon. H. M. Eemley, Judge. In a cause pending in the district court of Linn county, wherein plaintiff sought judgment and the foreclosure of a mechanic’s lien against James McGuire, issues had been joined, and the case set down for trial November 12, 1900. When called, McGuire and his attorney failed to appear,- and the court, after hearing the evidence adduced by plaintiff, ordered relief as prayed, and two days later signed a •decree therefor in due form, which was spread upon the records. On the 19th day of November McGuire filed a motion tp set aside…
1Opinion of the CourtLadd, C. J.
1 It may be conceded that, subsequent to-the three days allowed after the entry of the judgment within which to move for a new trial, the adverse party should be given notice of an application to vacate or modify a judgment, though at the same term of court, Perry v. Kasper, 113 Iowa, 268; Hawkeye Ins. Co. v. Duffie, 67 Iowa, 175; Townsend v. Wisner, 62 Iowa, 672; Chicago, Iowa & Dak. Co. v. Estes, 71 Iowa, 603. But conceding the invalidity of the order vacating the decree when originally made, was it not fully confirmed by the subsequent ruling ? The plaintiff’s motion to set aside that…
2Cases cited4 opinions
- Hawkeye Ins. v. DuffieSupreme Court of Iowa · 1885
- Perry v. KasparSupreme Court of Iowa · 1901
- Townsend v. WisnerSupreme Court of Iowa · 1883
- Chicago, Iowa & Dakota R'y Co. v. EstesSupreme Court of Iowa · 1887
3Cited by3 opinions
- Scott v. ScottSupreme Court of Iowa · 1916
- Haddick v. District CourtSupreme Court of Iowa · 1913
- Wilson v. McCutchenSupreme Court of Iowa · 1908