Callanan v. Ætna National Bank of Hartford
Supreme Court of Iowa
.Appeal from Monona District Court. — Hon. 0. H. Lewis, Judge. Action in equity to enjoin proceedings under certain executions and attachments affecting real estate, and to adjudge such proceedings of no force or effect against the lands in question. The action was commenced at the June, 1887, term of the court, and a temporary writ of injunction issued.
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.Appeal from Monona District Court. — Hon. 0. H. Lewis, Judge. Action in equity to enjoin proceedings under certain executions and attachments affecting real estate, and to adjudge such proceedings of no force or effect against the lands in question. The action was commenced at the June, 1887, term of the court, and a temporary writ of injunction issued. At the September term of the court the parties appeared by their attorneys, and by written stipulation continued this and other causes “in which Callanan et al. are inter■ested.” At the November term of the court, there being no further…
1Opinion of the CourtGranger, J.
The appellees cite, in support of the action of the district court in setting aside the default and judgment, Code, section 3154. The section provides that the district court may vacate a judgment after the-term in which it is entered, for various reasons, and,, *11among them, “seventh, for unavoidable casualty or misfortune preventing tbe party from prosecuting or defending.” It may be said tbat, to our minds, tbe showing to set aside tbe default is not strong, but tbe rule has been long observed, and is well established, tbat such action by tbe district court is largely discretionary, and tbat…
2Cases cited6 opinions
- Westphal, Hinds & Co. v. ClarkSupreme Court of Iowa · 1877
- Willett v. MillmanSupreme Court of Iowa · 1883
- Marsh v. ColonySupreme Court of Iowa · 1873
- Town of Storm Lake v. Iowa Falls & Sioux City Railway Co.Supreme Court of Iowa · 1883
- Rogers v. CummingsSupreme Court of Iowa · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Kelly v. CummensSupreme Court of Iowa · 1909
- Svoboda v. Svoboda Ex Rel. HullingerSupreme Court of Iowa · 1953
- Farmers Exchange Bank v. TresterSupreme Court of Iowa · 1910
- Sitzer v. FenzloffSupreme Court of Iowa · 1900
- Mogelberg v. ClevingerSupreme Court of Iowa · 1895
10 more not listed; retrieve them via the Exa API.