12 Iowa 387 | Iowa | 1861
The point most relied upon by appellants involves the construction of chapter 43 of the acts of 1860, “An act to regulate the foreclosure of mortgages.” The first section of that act provides, that defendants in each cases shall not be held to answer until the expiration of nine months after the date of the service of the original notice on the first defendant served. The second declares that from and after the first day of January, 1861, “the act shall cease to be in force and the class of actions meantime shall be governed by the rules of practice concerning such actions in force at that time.”
We think the law intended to extend the time for answer
Another point made by appellants is settled against them by the cases of McCaffrey v. Guessford, 1 Iowa 80; Cheever v. Lane, 3 Ib. 296. We are still satisfied with the rulings then made.
It does not appear that the testimony is certified to us, and we cannot, therefore, say how far what is claimed to be an indefinite averment in the bill may have been helped out by proof.
Affirmed.