Mallory & Co. v. Sailing

Supreme Court of Iowa

Mallory & Co. v. Sailing

48 Iowa 699

CourtSupreme Court of Iowa

DecidedApril 19, 1875

StatusPublished

Cited by1 cases

This text of 48 Iowa 699 (Mallory & Co. v. Sailing) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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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.

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Bluebook (online)

48 Iowa 699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mallory-co-v-sailing-iowa-1875.

Opinion

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