Mallory & Co. v. Sailing

Supreme Court of Iowa
Mallory & Co. v. Sailing, 48 Iowa 699 (Iowa 1875)
Seevers

Mallory & Co. v. Sailing

Opinion of the Court

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.

Reference

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Status
Published