109 Iowa 332 | Iowa | 1899
On the 16th day of February, 1880, the defendant obtained in justice’s court a judgment against the plaintiff and her husband, Mat Galvin, for the sum of thirty-one dollars and twenty-five cent-s and five dollars costs. The judgment was founded on two- promissory notes, which purported to have been signed by the plaintiff and her husband, and upon an account. On the 23d day of July, 1896, the defendant filed in the office of the clerk of the district court a transcript of the judgment, and caused.an execution to be issued thereon, and a tract of land owned by the plaintiff, containing forty acres, was sold in October, 1896,
I. The conclusion of the district court that fraud on' the part of defendant in obtaining the original judgment is
II. We are next required to determine whether the plaintiff has shown such “unavoidable casualty or misfortune,” within the meaning of subdivision 5 of section 4091 of the Oode, as prevented her from defending the action in justice’s court. We have held that a court of equity may grant a new trial after the statutory period for granting it has expired, if proper reasons are shown for not making the application within that period. Larson v. Williams, 100 Iowa, 114. (The first opinion filed- in the case cited was. superseded by the second one, and should not have been reported.). In the case of Love v. Cherry, 24 Iowa, 204, an attempt was made to have set aside sheriff’s sale and deeds of real estate which were based on judgments rendered
III. The judgment of the justice’s court was rendered on one promissory note for six dollars and twenty-five cents, on one for nine dollars and on an account for eleven dollars and eighty-five cents. The note for nine dollars was made to one C. L. Bahaman, and the plaintiff was not liable on it, nor on the consideration for it. The other note and the account were for family expenses, and the plaintiff is liable for their payment. After deducting a payment made on the note, for which the district court did not allow, there appears to be due from the plaintiff to the defendant the sum of thirty-seven dollars and one cent, and judgment for