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CLAEYS v. MOLDENSCHARDT

No. 53502.

169 N.W.2d 885 (1969)

Viola Marie CLAEYS, Guardian of the property of John Moldenschardt, Incompetent, Appellee, v. Barbara MOLDENSCHARDT, a/k/a Barbara Koeppel, Appellant.

Supreme Court of Iowa.

July 24, 1969.

Attorney(s) appearing for the Case

Harold C. Lounsberry, Davenport, for appellant.

Richard L. Stevens, Davenport, for appellee.

STUART, Justice.

This matter was before us previously in Claeys v. Moldenschardt, Iowa, 148 N.W.2d 479. We affirmed the trial court's refusal to set aside a default judgment on an application made under Rules of Civil Procedure 252 and 253. Seizing upon our general statement, "By so holding we do not mean there is no remedy as to avoid judgment.", defendant filed this petition in the original action seeking to vacate the judgment...

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