67 Iowa 687 | Iowa | 1885
I. It is contended that this rule is not authorized by statute, and hence that, as the statute (Code, § 2599) provides that the defendant shall be cited by the original notice to appear and defend before noon of the second day of the term, he cannot he adjudged to be in default before the second day. Section 180 of the Code provides that “the judges of the district and circuit courts in any district may provide by general rule (1) that the time of filing pleadings or motions shall be other than provided in this Code; (2) that issues in all or a part of the counties in such district shall he made up- in vacation; * * * (1) adopting such other rules as they may deem expedient, not inconsistent with this Code.” It is very clear, we think, that the power to adopt the rule in question is conferred by this section.
The district court was justified on this ground in overruling the motion.
Affirmed.