Legal Opinion

Ellis v. Remley

Supreme Court of Iowa

Decided January 25, 1902PublishedCited by 3 opinions

■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 But conceding the invalidity of the order vacating the decree when originally made, was it not fully confirmed by the subsequent ruling ?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

  1. Hawkeye Ins. v. DuffieSupreme Court of Iowa · 1885
  2. Perry v. KasparSupreme Court of Iowa · 1901
  3. Townsend v. WisnerSupreme Court of Iowa · 1883
  4. Chicago, Iowa & Dakota R'y Co. v. EstesSupreme Court of Iowa · 1887

3Cited by3 opinions

  1. Scott v. ScottSupreme Court of Iowa · 1916
  2. Haddick v. District CourtSupreme Court of Iowa · 1913
  3. Wilson v. McCutchenSupreme Court of Iowa · 1908

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