29 Iowa 507 | Iowa | 1870
The court, therefore, had no authority to render the default,'and for that reason, and because it was contrary to the actual facts, properly set aside the order.
The point made by defendants’ counsel, that the service of a new notice, returnable to another term of the court, waives the right of plaintiffs to be heard upon this appeal, need not be determined. The decision of the court below must be affirmed upon the grounds above presented.
Affirmed.