PETERSON v. EITZEN

No. 53807.

173 N.W.2d 848 (1970)

Le Roy PETERSON d/b/a Stennett Elevator, Appellee, v. Ermal EITZEN, Appellant.

Supreme Court of Iowa.

January 13, 1970.


Attorney(s) appearing for the Case

Davidson & Hemphill, Clarinda, for appellant.

Porter, Heithoff, Pratt & Reilly, Council Bluffs, for appellee.


BECKER, Justice.

Defendant filed a motion, under rule 252, Iowa Rules of Civil Procedure, to vacate a default judgment taken against him on November 8, 1968 and filed on November 14, 1968. The judgment was rendered on three divisions of the petition for $8607, $4360 and $1296 or a total of $14,263, plus interest from varying dates. After hearing on the motion, the trial court refused to vacate the judgment. Defendant appeals. We affirm.

I. The facts giving...

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