GAYNOR v. GAYNOR

No. 48742.

70 N.W.2d 923 (1955)

Edmund S. GAYNOR, Plaintiff-Appellee, v. Louise M. GAYNOR, Defendant-Appellant.

Supreme Court of Iowa.

June 7, 1955.


Attorney(s) appearing for the Case

Stilwill, Brackney, Stilwill & Wilson, Sioux City, Owen Donley, Elk Point, S. D., for appellant.

A. C. Hatt, S. D. Crary, Sioux City, for appellee.


HAYS, Justice.

On March 26, 1954, after due and timely service of notice on the defendant, there being no appearance, a default and decree of divorce were granted plaintiff. April 30th, defendant moved to set aside and vacate same. After hearing the motion was overruled and defendant appeals.

Rule 236, R.C.P., 58 I.C.A., provides: "On motion and for good cause shown * * *, the court may set aside a default or the judgment thereon, for mistake, inadvertence...

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