54 Iowa 64 | Iowa | 1880
Mitchell & Co. v. George M. Carson is as follows: “And now, on the 17th day of April, 1872, this cause ^ comes on for a hearing; the plaintiff appears by G. W. Patterson, Esq., his attorney, but defendant, although duly and personally • served with notice of suit, as by law required, comes not, and herein makes default. It is, therefore, adjudged that the plaintiff do recover of defendant herein,-damages, with interest at the rate of-per cent per annum, and $4.95 dollars, costs of suit, and that execution issue therefor.” The court calendar for the same case contains the following entry: “Second day; default as to G. M. Carson, clerk to assess. Continued as to other de
The question involved is whether the records show that any judgment was rendered against Carson for more than $1.95 costs. The appellee insists that the entries upon the judgment docket, judgment record and court calendar, show that a judgment was entered against Carson for $265.00 damages, and $16.95 costs. The books required to be kept by the clerk of the court, and which, in connection with the original papers, constitute the records of the court,, are the record book, the judgment docket, the fee book, the sale book, the complete record, the incumbrance book, the appearance docket- and the index of liens. See Code, § § 196 and 197. The court calendar is kept for the convenience of the judge, but does not, under the sections referred to, constitute a part of the record. The clerk is required to keep, “1. A book containing the entries of the proceedings of the court, which may be known as the ‘record book,’ and which is to have an index referring to each proceeding in each cause under the name of the parties, both plaintiff and defendant, and under the name of each person named in either party. 2. A book containing an abstract of the judgments, having iii separate and appropriate columns the names of the parties, the date of the judgment, the damages recovered, costs, the date of the issuance and return of execution, with the entry of satisfaction and other memoranda, which book may be known as the ‘judgment docket,’ and is to have an index like that required for the record book.” Section 2861 of the Code provides: “All judgments and orders must be entered on the record of the
Reversed.