91 Iowa 448 | Iowa | 1894
I. This action was brought on a promissory note for two hundred dollars, dated April 17, 1880, and due October 17, 1880, bearing the signatures of appellees, and payable to .F. O. Gosnell or bearer. The suit was brought October 4, 1890, and an original notice issued, requiring defendants to appear at the January term, 1891, beginning on January 5, 1891. As shown by the officer’s return, this notice was duly served 'on all of the defendants. It appears without conflict, that the copy of the notice left with defendants Park and Gosnell by the officer cited them to appear and defend on or before noon of the second day of the next term of said court, commencing at Vinton, Iowa,. on the twenty-fifth day of° January, 1891. The term of court, in fact, commenced on the fifth day of January, 1891, instead of the twenty-fifth. January 7, 1891, the-default of Park and Gosnell was taken for want of an appearance, and judgment entered the same day against them. At or prior to the time fixed for their appear-, anee in the copy or notice left with them, Park, with his attorney, Bowen, came to Vinton to make defense to the action, and saw G. W. Burnham, attorney, and found that it was too late — that-court had adjourned. Within eight days thereafter, defendants Park and Gosnell filed a petition to set aside said default, and for a new trial. April 19, 1892, a trial was had on the issues made in such petition, as amended, and the default and judgment set aside. The casé was then tried . on the merits as to all the defendants. The defense of Gosnell and Park was, that after the note was executed ■ and delivered to the payee the same was materially altered,, by affixing thereto, by the procurement of the payee or Reynolds, the signatures of Park and McFar
VI. Complaint is made as to questions asked witness Browning against plaintiff’s objections. It is in sisted that the questions were immaterial and irrelevant. As to some of the issues, this is doubtless true. But one of the defenses was that Browning was not the owner' of the note sued on. In view of this, and for the purpose of showing the relation existing between plaintiff and Reynolds, who defendants claimed owned the note, much latitude was properly allowed in the examination of Browning, and we do not think the court erred.
VII. It is said the court erred in instructing that it was admitted that Reynolds acted as plaintiff’s
XI. As to defendant Park, the judgment below is affirmed; and, as to defendants Gosnell and McFarlane, for the reasons heretofore given, the judgment below must be REVERSED.