Tufts v. Bauserman

Decided June 13, 1877

Supreme Court of Iowa · decided 1877-06-13

This action was brought to recover upon a promissory note executed jointly by the defendant Bauserman and one Walters and one Jordan. The two latter persons -were joined as defendants with Bauserman, and judgment was rendered against them by default. The plaintiff then dismissed as to Bauserman.

Decided 1877-06-13

Adams, J.

¶11. practice: otSíwtton:OÍ usury. The action was dismissed before answer. In no sense, we think, could it be said that any rights, either on the Part the school fund or the defendant Bauserman> had attached. After dismissal, then, the jurisdiction of the court, so far as either the school fund or Bauserman was concerned, was completely divested.

¶2Whether Bauserman, upon a tender of the principal, could, in a proper action, have a decree for the surrender and cancellation of the note, we need not determine. It seems clear to us that in the present case he was out of court after the case was dismissed, and that the court erred in sustaining his motion and allowing him to answer.

¶3Reversed.