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THEWS v. MILLER

No. 51012.

121 N.W.2d 518 (1963)

Jack J. THEWS, Appellee, v. Eldon MILLER, Eldon Miller, Inc., and James B. Patterson, Appellants. Leroy D. LINDSAY, Appellee, v. Eldon MILLER and Eldon Miller, Inc., Appellants. Milo W. HIRTH and Leon L. Harris, Appellees, v. Eldon MILLER, Eldon Miller, Inc., and Louis D. Burkhalter, Jr., Appellants.

Supreme Court of Iowa.

May 7, 1963.

Attorney(s) appearing for the Case

Thomas M. Collins, Cedar Rapids, for appellants.

D. C. Nolan, William L. Meardon, William F. Sueppel, Ansel Chapman, Iowa City, for appellees.

PETERSON, Justice.

This action involves only one legal question. Was the trial court authorized to enter an order of default as to defendants? Did the trial court err in overruling the motion to set aside the defaults in the three cases joined for appeal to this court? The trial court did enter defaults and did overrule the motions to set the defaults aside. Under order allowing interlocutory appeal the defendants appealed.

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