62 Iowa 218 | Iowa | 1883
I. The application to set aside the judgment
To avail itself of such ground after the term was passed, it should have filed a petition, verified by affidavit, setting forth the judgment and the ground for vacating it. "What the company filed is not called a petition, but a motion. But this was accompanied by affidavits setting out the facts relied upon, which affidavits are referred to in the motion, and, we infer, were attached to it. There was also attached to the motion, and referred to in it, what is called an answer, which is verified by affidavit, setting out the company’s interest in the depot grounds, and the damages which it will sustain, and praying for an injunction to prevent the plaintiff from taking possession until final determination of the case.
Upon these papers a hearing was had, and the objection
II. It is insisted, however, that, taking tbe application to be sufficient in form, it is not supported by tbe evidence when taken as a whole.
On this point we have to say that, while there is considerable conflict, we tbink tbe alleged agreement, that tbe case should not be called for trial until Mr. Duncombe should be notified, is established. Mr. Duncombe’s affidavit is very clear and positive, and he is corroborated, to some extent at least, by some of tbe plaintiff’s trustees.
III. Tbe plaintiff insists that it does not appear that tbe Ill. Oen. B. B. Oo. bas any such interest in tbe grounds in
IY. Tbe court set aside tbe judgment as to both companies. Tbe plaintiff insists that at most tbe judgment
Affirmed.