Supreme Court of Iowa, 1875

Mallory & Co. v. Sailing

Mallory & Co. v. Sailing
Supreme Court of Iowa · Decided April 19, 1875 · Seevers
48 Iowa 699

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.

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