Reiher v. Webb
Supreme Court of Iowa
Appeal from, Boone District Oourt — Hon. John L. Stevens, J udge. A judgment by default was rendered against the defendant, which he moved to set aside. The motion was overruled, and the defendant appeals.
1Opinion of the CourtSeevers, J.
The facts are that a railroad company condemned the right of way over certain real estate, and paid *560the money awarded by the sheriff’s jury to the defendant, who was at that time sheriff. This was in 1881. This action was commenced in 1885 to recover the amount so paid. The defendant answered the petition, and admitted that he received the money, and pleaded the statute of limitations as a defense. On the 26th day of January, 1887, the cause was assigned by the court for trial to a jury on the afternoon of Monday of the second week of the term then being held. On that day the defendant failed…
2Cases cited1 opinion
- Miracle v. LancasterSupreme Court of Iowa · 1877
3Cited by2 opinions
- Turner v. DickermanMichigan Supreme Court · 1891
- Bossenberger v. BossenbergerSupreme Court of Iowa · 1930