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Western Fruit & Candy Co. v. Donegan

Western Fruit & Candy Company v. M. F. Donegan, Judge

Western Fruit & Candy Co. v. Donegan, 172 Iowa 420 (1915)
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Court
Supreme Court of Iowa · State Highest Courts
Decided
October 30, 1915
Judges
Deemer, Evans, Preston, Weaver
Citations
172 Iowa 420
Disposition
Judgment Annulled.
Headnotes
JUDGMENTS: Vacation. — Passing of Term — Notice of Proceeding to Vacate — Necessity. Power to set aside final judgments, after the term at which rendered, must be exorcised strictly in accord with statutory regulations. (Secs. 4091-4099, Code, 1897.) Notice of the proceeding to set aside is jurisdictional.. PRINCIPLE APPLIED: March 22d was the last day of the January term of court, and on said day a final judgment was entered against defendant. The next day, March 23d, was the first day of the March term, and on said March 23d, the same judge, on his own motion, though at the oral request of defendant, hut without notice to the judgment plaintiff, entered an order setting aside and vacating the judgment entered the day preceding. Seld, court had no jurisdiction to enter said order.
Summary
Certiorari' to Scott District Court. — Hon. M. F. Donega'n, Judge. This is an original certiorari proceeding brought in this court to test the validity of a certain order of the district court of Scott County.

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

Opinion of the Court — Evans

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Evans, J.

Judgments: vacation : passing of term: notice of proceeding to vacate: necessity. The plaintiffs herein were plaintiffs in a certain suit pending in the district court of Scott County against Harry J. McFarland and Isaac Petersberger as defendants, and such defendants are made defendants also in this proceeding.

On March 22, 1915, being the last day of the term, a final judgment was entered for the plaintiffs against said defendants, the defendants being'in default for want of answer. On the next day, being the first day of the following term, the same judge presiding, the court on its own motion set aside said judgment. The plaintiffs in this proceeding challenge the validity of such order on the ground that the court had no jurisdiction to enter it. No formal application to set the same aside was filed by the defendants; no formal showing of merits was made; no notice was given to the plaintiffs. The defendants, however, were present in person and made a verbal request to the court to set aside such judgment; but no statutory provision was complied with for the purpose of obtaining such order.

The case is ruled at all points by our holding in the recent case of Des Moines Union Ry. Co. v. District Court of Polk County, 170 Iowa 568 . See also Owen v. Smith, 155 Iowa 463 .

We must hold, therefore, that the court was without power, under the circumstances disclosed, to set aside such judgment.

It is therefore ordered that the writ issued herein be sustained and that the order of the district court’setting aside plaintiffs’ judgment be — Annulled.

Deemer, C. J., Weaver and Preston, JJ., concur.

How later courts describe this case

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

1921: 11929: 119212026peak 1921 · 1

Relies on it most ⓘ

  1. Braverman v. Burns224 N.W. 696 (Iowa 1929)
  2. McCoy v. Fire Ass'n of Philadelphia192 Iowa 453 (1921)

Most recent

  1. Braverman v. Burns224 N.W. 696 (Iowa 1929)
  2. McCoy v. Fire Ass'n of Philadelphia192 Iowa 453 (1921)

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 2

DepthCaseCited by
Des Moines Union Ry. Co. v. Dist. Court, 170 Iowa 568 (1915) 21
Owen v. Smith, 155 Iowa 463 (1912) 10

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