Bryant v. Williams
Supreme Court of Iowa
Appeal from Pottawattamie District Oowrt. On the first day of February, 1856, Louden Mullen loaned to O. M. Steinberger five hundred dollars, and took therefor the joint note of said Steinberger, O. E. Stone, and A. S. Bryant (the last 'two being in fact only sureties) for six hundred dollars (being forty per cent interest), payable six months after date. The sum of four hundred and fifty dollars was afterward paid on said note.
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Appeal from Pottawattamie District Oowrt. On the first day of February, 1856, Louden Mullen loaned to O. M. Steinberger five hundred dollars, and took therefor the joint note of said Steinberger, O. E. Stone, and A. S. Bryant (the last 'two being in fact only sureties) for six hundred dollars (being forty per cent interest), payable six months after date. The sum of four hundred and fifty dollars was afterward paid on said note. At the August Term, 1859, suit was brought on said note, and judgment rendered thereon, for one hundred and sixty-nine dollars and eighty cents, debt against all the…
1Opinion of the CourtCole, J.
*331i. judgaphorized anee. *330There is no controversy as to the fact that the plaintiff in this action, A. S. Bryant, who was named *331as defendant in the suit on the note, was not served with notice of the pendency of that suit, and had n0 notice in fact of it; and that the attorney who filed the answer had no authority to appear or answer for Bryant. Under such facts, the rule is now well settled in this State that a defendant who has been represented by an unauthorized attorney has the right to be relieved against the judgment by a direct action in equity to set it aside. Harshey v. Blackmarr, 20…
2Cases cited1 opinion
- Harshey v. BlackmarrSupreme Court of Iowa · 1866
3Cited by12 opinions
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- Hirsch Bros. & Co. v. R. E. Kennington Co.Mississippi Supreme Court · 1929
- Macomber v. PeckSupreme Court of Iowa · 1874
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