SEXTON v. CLAY EQUIPMENT CO.

No. 47770.

47 N.W.2d 792 (1951)

SEXTON v. CLAY EQUIPMENT CO. et al.

Supreme Court of Iowa.

May 8, 1951.


Attorney(s) appearing for the Case

Emil G. Trott, of Iowa City, for appellant.

Ries, Dutcher & Osmundson, of Iowa City, for appellees.


OLIVER, Justice.

Defendants had appeared by their attorneys prior to June 30, the appearance date. July 25 they filed answer and counterclaim. July 23 plaintiff had moved for default for failure of defendants to move or plead within seven days after the appearance date as required by Rule of Civil Procedure 85, 58 I.C.A. July 27 plaintiff moved to strike defendants' answer and counterclaim because filed after the motion for default and not timely filed within R.C...

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