51 Iowa 534 | Iowa | 1879
The judgment bears interest from its date. It is quite evident, therefore, the amount in controversy exceeds one hundred dollars, as shown by the pleadings.
III. The District Court must have found from the evidence that the allegations of fraud and irregularity were sustained. But there was no evidence tending to show that the plaintiff “had or had not a valid defence to the action in which the judgment was rendered,” as is expressly certified by the trial judge.
Contained in chapter 1, title 19 of the Code is section 3159, which provides that “the judgment shall not be vacated oh motion or petition until it is adjudged that there is a valid defence to the action in which the judgment is rendered.” In this statute there is no room for construction, and it has been so held in Miller v. Albaugh, 24 Iowa, 128; Russell v. Pottawattamie County, 29 Id., 256; and Brewer v. Holborn, 34 Id., 473.
Ee VERSED.'