Mallory & Co. v. Sailing
Mallory & Co. v. Sailing
48 Iowa 699
Mallory & Co. v. Sailing
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.