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13 Iowa 535

Downing v. Harmon

Supreme Court of Iowa

Decided October 10, 1862

Supreme Court of Iowa · decided 1862-10-10

<p>1. Correction or error. The Supreme Court will not review a ruling granting a default before a notice to set the same aside has been made in and overruled by the court below: following Pigmm v. Denny, 12 Iowa, 396, and McKinley v. Bechtel, 11 Iowa, 561.</p>

Decided 1862-10-10

Wright, J.

¶1These actions were commenced in June, 1861. Defendant appeals, and assigns for error that judgment in each case was entered by default, when the court had no jurisdiction, the return of the officer failing to show due service. The construction given to § 3545, and the reasoning used in the cases of Pigman v. Denny, 12 Iowa, 396, and McKinleys. Bechtel, 11 Id., 561, compel us to affirm these cases. Appellants’ remedy, if any, is by motion in the District Court, and not by appeal, in the first instance, to this.

¶2Affirmed.

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