Vanfleet v. Phillips
Supreme Court of Iowa
Appeal from Johnson District Ooiirt. The facts necessary to a clear understanding of the questions raised in these cases are fully stated in the opinion of the court. • I. The Code of 1851, Section 1578, provides that entries made in vacation shall be read, approved and signed at the next term of the court. Until this was done the entry could not have the effect of a judgment, and if not done at the succeeding term it could not he done at all. II.
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Appeal from Johnson District Ooiirt. The facts necessary to a clear understanding of the questions raised in these cases are fully stated in the opinion of the court. • I. The Code of 1851, Section 1578, provides that entries made in vacation shall be read, approved and signed at the next term of the court. Until this was done the entry could not have the effect of a judgment, and if not done at the succeeding term it could not he done at all. II. The statement was insufficient’to authorize the entry of judgment by the clerk, and approval of the same by the court: 1. At the time of the entry…
1Opinion of the CourtWright, J.
These cases involve substantially the same questions. Yanfleet obtained judgments, by confession in vacation, in the Johnson District Court, against Phillipps, Moore and Brockman. Subsequently the defendants moved the court to set the judgment aside. Morsman as the judgment creditor of Phillips, and Phillips as a like creditor of Moore, also, moved to set aside the judgments against Phillips and Moore. All these motions were overruled.
The statement under which the judgment against Phillips was rendered in reciting the facts out of which the indebtness arose, is as follows : “ The indebtedness…
2Cases cited5 opinions
- Dunham v. . WatermanNew York Court of Appeals · 1858
- State ex rel. Rice v. County JudgeSupreme Court of Iowa · 1858
- Edgar v. GreerSupreme Court of Iowa · 1858
- Bernard & Co. v. Douglas & WatsonSupreme Court of Iowa · 1860
- Brown v. LambertNew York Supreme Court · 1819
3Cited by19 opinions
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Miller v. ClarkeSupreme Court of Iowa · 1873
- Brown v. BarngroverSupreme Court of Iowa · 1891
- Arnd v. PostonSupreme Court of Iowa · 1925
- Burchett v. CasadySupreme Court of Iowa · 1865
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