McCormick v. McCormick
Supreme Court of Iowa
Appeal from 8a,o District Oourt. — Hon. Z. A. Church, J udge. Petition to va.ca.te a judgment and for a new trial of a case entitled “Matt McCormick against Catherine McCormick,” in which it was sought to have defendant, plaintiff "herein, decreed to be of unsound mind, and to have a .guardian appointed for her.
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Appeal from 8a,o District Oourt. — Hon. Z. A. Church, J udge. Petition to va.ca.te a judgment and for a new trial of a case entitled “Matt McCormick against Catherine McCormick,” in which it was sought to have defendant, plaintiff "herein, decreed to be of unsound mind, and to have a .guardian appointed for her. The grounds stated for a new trial are that the original proceedings were fraudulent, and that plaintiff was mislead by her counsel and others, and did make defense thereto, as she had intended. The ease was tried to the court, resulting in a judgment dismissing the petition, and…
1Opinion of the CourtDeemer, J.
The proceeding was brought under Code, .section 4091, which provides, in substance, that a final judgment or order may, after the term a.t which it was rendered, he vacated, modified, or a new trial granted for fraud practiced in obtaining the same, or for unavoidable casualty or misfortune preventing the party from defending. It is also provided, in sections 4096 and 4097, that the judgment shall not be vacated until it is adjudged there is a defense to the action in which the judgment was rendered, and that the 'Court must first try and decide upon the grounds to vacate -or modify before…
2Cases cited4 opinions
- Jones v. LeechSupreme Court of Iowa · 1877
- Jackson v. GouldSupreme Court of Iowa · 1895
- Brownell v. Storm Lake BankSupreme Court of Iowa · 1884
- Irions v. Keystone Manufacturing Co.Supreme Court of Iowa · 1883
3Cited by7 opinions
- Hedrick v. Smith & ReedSupreme Court of Iowa · 1908
- Hall v. HallNebraska Supreme Court · 1932
- Harding v. QuinlanSupreme Court of Iowa · 1930
- Scott v. Union Mutual Casualty Co.Supreme Court of Iowa · 1933
- Ware v. EckmanSupreme Court of Iowa · 1938
2 more not listed; retrieve them via the Exa API.