Decatur County v. Clements
Supreme Court of Iowa
Appeal from, Decatur District Court. •The defendants executed their joint and several notes to the school fund commissioner of Decatur county, for five hundred dollars; and the defendant Clements executed a mortgage to secure the payment of the note. .This suit was brought to foreclose the mortgage; judgment of foreclosure was entered by the District Court, and general execution was awarded against defendants Beck and Ellis, who alone were personally served.
Read the full summary
Appeal from, Decatur District Court. •The defendants executed their joint and several notes to the school fund commissioner of Decatur county, for five hundred dollars; and the defendant Clements executed a mortgage to secure the payment of the note. .This suit was brought to foreclose the mortgage; judgment of foreclosure was entered by the District Court, and general execution was awarded against defendants Beck and Ellis, who alone were personally served. The further facts are stated in the opinion. The defendants, B.eck and Ellis, appeal.
1Opinion of the CourtCole, J.
1. Original notice: name of term. This suit was brought since the Revision of 1860 took effect; and the notice served upon appellants required, them to appear “ on or before noon of the second day of the next regular term of the District Court of said county.” There was no appearance, and judgment was rendered by default. This notice was defective, and it was irregular for the court to render judgment by default thereon. The notice should have named the term at which the defendants were required to appear. Rev., § 2812; State Bank v. Van et al., 12 Iowa, 628.
*5372. Practice: motion below. But-…
2Cases cited1 opinion
- Pigman v. DenneySupreme Court of Iowa · 1861
3Cited by10 opinions
- Boals v. ShulesSupreme Court of Iowa · 1870
- Krueger v. LynchSupreme Court of Iowa · 1951
- Belknap v. BelknapSupreme Court of Iowa · 1912
- De Tar v. Boone CountySupreme Court of Iowa · 1872
- Farley v. CarterSupreme Court of Iowa · 1936
5 more not listed; retrieve them via the Exa API.