Mallory & Co. v. Sailing

Supreme Court of Iowa

Mallory & Co. v. Sailing

48 Iowa 699

Supreme Court of Iowa·Decided April 19, 1875·Published·Cited by 1 cases

Opinion

Seevers, J.

The petition, when filed, was not verified. The defendants did not verify their answer, and plaintiff's filed a motion to strike from the files. This motion was not pressed to a hearing, but was waived. Afterward the plaintiffs, by leave of the court, verified the petition, and thereupon asked for a default 'and judgment, which being granted, the defendants duly excepted.

This action of the court was erroneous. Wolff & Hoppe v. Hagensick, 10 Iowa, 590.

Reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

Seevers, J.

The petition, when filed, was not verified. The defendants did not verify their answer, and plaintiff's filed a motion to strike from the files. This motion was not pressed to a hearing, but was waived. Afterward the plaintiffs, by leave of the court, verified the petition, and thereupon asked for a default 'and judgment, which being granted, the defendants duly excepted.

This action of the court was erroneous. Wolff & Hoppe v. Hagensick, 10 Iowa, 590.

Reversed.

Mallory & Co. v. Sailing, 48 Iowa 699 (iowa 1875).

Pincite

48 Iowa 699 (Mallory & Co. v. Sailing) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related