75 Iowa 191 | Iowa | 1888
— The correctness of the decision of the district court in sustaining the demurrer is presented to us for review by means of various questions of law certified by the trial judge. Among these are the following : “(1) Was the order of default and forfeiture of the security or deposit money, at the November term, 1886, of the district court, final and conclusive, not having been set aside or modified by the court at that time % (2) Did said order of forfeiture of itself, without further order of the court, operate to carry the deposited fund into the county treasury, for the use of the school fund ? (8) Had the district court power, at the January term, 1887, to set aside the default and forfeiture entered at the November term, 1886 ? (4) Had the board of supervisors any authority or power to direct and require the clerk to pay said money security into the county treasury, and thereby place the fund out of the control of the district court, and deprive the plaintiff of the same, under and by virtue of the mere- order entered for default and forfeiture by the district court ?” The theory upon which the demurrer was sustained seems to be that the district court had no authority to set aside the default and forfeiture after the term at which they were entered ; that its action at the January term following was void; that the right of the temporary school fund to' the amount forfeited became vested and indefeasible when the November, 1886, term of court was adjourned. Appellee insists that such was the case, and cites sections 4596 and 4597 of the Code, in support of its claim. These sections are as follows: “Section 4596. If the defendant fail to appear for arraignment, trial or judgment, or at any other time when his personal appearance in court may be lawfully