130 Iowa 726 | Iowa | 1906
On April 7, 1902, Emma Engle, the defendant herein, brought an action at law against John Reints, plaintiff herein, in the district court of Plymouth county, Iowa, to recover damages on account of her alleged seduction. To this action the said Reints appeared and answered in denial, and upon trial to a jury judgment was rendered against him on October 22, 1902, in the sum of $2,500. On September 12, 1903, Reints filed in said district court his petition for a new trial in said cause, alleging as a ground thereof that at the time of the trial and judgment he was a minor under twenty-one years of age, and that no guardian ad litem was appointed in his behalf in said proceedings, nor did any guardian either special or general appear and make defense for him. The matter of said petition for new trial was submitted for the decision of the trial court upon an agreed statement o^ facts setting forth the bringing of the original action for damages, the general nature of the claim, the answer made thereto by said Reints, and the verdict and judgment against him. It was further stipulated and agreed that at the date of said trial and entry of judgment in the principal case said Reints was under twenty-one years of age, and that no guardian was appointed or appeared to make defense for him, but that he appeared by counsel, and that his father was present at the trial, advising with counsel for his son, and was a witness in said trial. On this showing the district court refused to order a new trial and dismissed the petition. From this ruling Reints appeals.
In view of this record we regard it unnecessary to determine the point made by the appellee - that the presence of the father of Reints and his participation or assistance in the defense of the principal action was such an appearance
This conclusion justifies the ruling of the district court, without reference to other matters argued by counsel, and the judgment is therefore affirmed.