Legal Opinion

Willett v. Millman

Supreme Court of Iowa

Decided June 6, 1883PublishedCited by 13 opinions

Appeal from Poweshieh District Court. • Action in replevin to recover certain personal property levied upon by the sheriff under an execution against E. A. Willett. There was a default rendered against defendants, which, upon their motion, was set aside. Plaintiff appeals from the order setting aside the default.

1Opinion of the CourtBeck, J.

— I. The motion to set aside the default is verified by the attorney of defendant, who had charge of the case *124when the default was entered. It states the facts connected with the entry of the default, and refers to other cases depending in the same court, and the action of the attorney connected therewith, intended to show excuse for failing to file an answer in the case at the proper time. It is impossible for us to understand from these references whether the matters stated sufficiently éxcused the attorney of negligence. And it is not shown that other facts were not brought to the…

2Cited by13 opinions

  1. Thompson v. ConnellOregon Supreme Court · 1897
  2. McMillan v. OstersonSupreme Court of Iowa · 1921
  3. Farmers Exchange Bank v. TresterSupreme Court of Iowa · 1910
  4. Callanan v. Ætna National Bank of HartfordSupreme Court of Iowa · 1891
  5. Sitzer v. FenzloffSupreme Court of Iowa · 1900

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