Farmers Exchange Bank v. Trester
Supreme Court of Iowa
Appeal from Madison District Court. — IIon. Edmund Nichols, Judge. This is a proceeding brought by the defendants to set aside a judgment obtained by the plaintiff, and to obtain a new trial under the provisions of section 4091 of the Code. The trial court granted the relief prayed, and ordered a new trial. Plaintiff appeals. —
1Opinion of the CourtEvans, J.
The defendants are Edwin and Alice Trester, husband and wife. On October 7, 1908, the plaintiff obtained a judgment against them by default on a promissory note for $700. On November 20, 1908, they filed their petition in this proceeding presenting an answer therewith to the main action, and averring that they were prevented from defending “through unavoidable casualty and misfortune.” Two questions are involved: (1) Was there a sufficient showing of unavoidable casualty or misfortune within the meaning of paragraph five of section 4091? (2) Was there a sufficient showing of defense to the…
2Cases cited14 opinions
- Beatty v. O'ConnorIndiana Supreme Court · 1886
- Peterson v. KochSupreme Court of Iowa · 1899
- Chambliss v. HassSupreme Court of Iowa · 1904
- Callanan v. Ætna National Bank of HartfordSupreme Court of Iowa · 1891
- Westphal, Hinds & Co. v. ClarkSupreme Court of Iowa · 1877
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Reilley v. KinkeadSupreme Court of Iowa · 1917
- Hall v. McConeyMissouri Court of Appeals · 1910
- Clarke v. SmithSupreme Court of Iowa · 1923
- Iowa Cord Tire Co. v. BabbittSupreme Court of Iowa · 1923
- Tate v. DelliSupreme Court of Iowa · 1936
11 more not listed; retrieve them via the Exa API.