Smith v. Parker

28 Iowa 359

Opinion

Wright, J.

—The court erred in setting aside the judgment. Defendant should have moved the justice to correct the alleged error before invoking the action of the District Court. Rev. § 3545. In all respects the case is like Leonard v. Hallam, 17 Iowa, 564, which must have escaped the attention of the court below. Following that, and we have no doubt of its correctness, this judgment was erroneous, and must be

Reversed.