Conklin v. Johnson
Supreme Court of Iowa
Appeal from, Benton District Oovrt. Plaintiffs brought an action against L. B. Norton and L. W. Johnson, in the Benton district court, for the March term, 1869. The original notice was served personally on Norton, who was a resident of the county, and by publication on Johnson who was a non-resident of the State.
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Appeal from, Benton District Oovrt. Plaintiffs brought an action against L. B. Norton and L. W. Johnson, in the Benton district court, for the March term, 1869. The original notice was served personally on Norton, who was a resident of the county, and by publication on Johnson who was a non-resident of the State. Judgment was rendered against Johnson at the March term, 1869. At the October term, 1870, Johnson appeared by attorney and filed a motion to set aside the judgment, and for a retrial of the cause as to him. The district court refused to entertain the motion until ten days notice…
1Opinion of the CourtMiller, J.
It is insisted by the appellants that the court erred in hearing and sustaining appellee’s motion to spt aside the judgment. They argue that, on the 7th day of March, 1871, when the motion was heard, being more than two years after the rendition of the judgment, the same could not be legally entertained against their objection.
The statute (section 8160 of the Revision of 1860), provides that, “ when a judgment has been rendered against a defendant, or defendants, served by publication only, and who do not, or any one or more of them, appear, such defendants, or any person legally representing…
2Cases cited1 opinion
- McNear v. McComberSupreme Court of Iowa · 1864
3Cited by6 opinions
- William Wolff & Co. v. Canadian Pacific RailwayCalifornia Supreme Court · 1891
- Gaar, Scott & Co. v. CollinNorth Dakota Supreme Court · 1906
- Gelin v. HollisterSupreme Court of Minnesota · 1946
- Molsberry v. BriggsSupreme Court of Iowa · 1916
- Kalde v. KaldeSupreme Court of Iowa · 1928
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