Teabout v. Roper & Co.
Supreme Court of Iowa
Appeal from Winneshiek Circuit Court. The defendants-recovered a judgment against the plaintiff by default, and this action was brought to set the same aside, under sections 3154, 3157 and 3158 of the Codé, on the ground of “ unavoidable casualty or misfortune,” which prevented the plaintiff from defending the action to which it is alleged she had a good defense. The court held that the plaintiff was not entitled to the relief asked, and she appeals.
1Opinion of the CourtSeevers, J.
Notice of the prior action was duly served on the plaintiff, and she testified that she did not suppose it concerned her individually, and she therefore gave the same to her husband, and failed to defend the action; that about the same time many other notices and papers were served on her, which she gave her husband, and in. which she was not individually interested; that in business matters she relied on her husband, and that she had.but little business experience; that she did not read the notice, and, if she had believed the plaintiffs in the action were trying to make her real estate…
2Cited by5 opinions
- Hedrick v. Smith & ReedSupreme Court of Iowa · 1908
- Teabout v. Jaffray & Co.Supreme Court of Iowa · 1888
- Gelwicks v. GelwicksSupreme Court of Iowa · 1913
- Scott v. Union Mutual Casualty Co.Supreme Court of Iowa · 1933
- Seddon v. StateSupreme Court of Iowa · 1896