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Brett v. Myers

Brett v. Myers, 21 N.W. 604 (Iowa 1884)
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Court
Supreme Court of Iowa · State Highest Courts
Decided
December 8, 1884
Judges
Beck
Citations
21 N.W. 60465 Iowa 274
Headnotes
1. Practice: motion to cancel judgment: authority of court. In the absence of statutory authority, a court has no jurisdiction to cancel a judgment on motion based upon grounds existing prior to its rendition. Section 2867 of the Code does not give such authority. 2. Appeal to Supreme Court: trial de novo: summary proceedings. This court has no jurisdiction to try de novo a cause prosecuted by summary proceedings.
Summary
Appeal from Butler Circuit Court. The defendant, by motion in the circuit court, sought the discharge and cancellation of a decree and judgment rendered in this case, which is an action for foreclosure of a mortgage. The motion was overruled. Defendant appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Beck

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Beck, J.

I. The motion is based upon an agreement and settlement, entered into by the parties before the decree, which defendant insists he performed, — claiming that the decree and judgment should be declared satisfied and be canceled. Counsel for defendant insists that Code, § 2867, confers authority upon the court to entertain the motion. It cannot be claimed that, in the absence of statutory authority, the court has jurisdiction by motion to cancel a judgment. The section cited is clearly not applicable to this case, for it confers authority to discharge a judgment only for matters arising after its rendition. The agreement, which is the foundation of defendant’s motion, is a matter which existed before the judgment.

II. But, even should we take cognizance of the case, we could not disturb the decision of the court below. The case, as presented by the motion, is not triable in this court do novo. It is a special summary proceeding. Code, § § 2906, 2506. This court has appellate jurisdiction only in actions in chancery, and it is a court for the correction of errors in all other cases cognizable here. Const., art. 5, § 4. The cause must therefore be considered only upon errors.

The only error assigned is that the decision of the circuit court is in conflict with the evidence. But the testimony is conflicting, and it cannot be held that the judgment is so in conflict therewith that it cannot stand.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1912: 11929: 11950: 12023: 119122026peak 1912 · 1

Relies on it most ⓘ

  1. Florke v. Florke43 N.W.2d 670 (Iowa 1950)
  2. Braverman v. Burns224 N.W. 696 (Iowa 1929)
  3. Cherokee Times v. Cherokee Republican156 Iowa 282 (1912)
  4. Safemark Systems, LP v. HRDMM Hospitality Services, Inc.No. 22-0991 (Iowa Ct. App. Mar. 8, 2023)

Most recent

  1. Safemark Systems, LP v. HRDMM Hospitality Services, Inc.No. 22-0991 (Iowa Ct. App. Mar. 8, 2023)
  2. Florke v. Florke43 N.W.2d 670 (Iowa 1950)
  3. Braverman v. Burns224 N.W. 696 (Iowa 1929)
  4. Cherokee Times v. Cherokee Republican156 Iowa 282 (1912)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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