Vaux v. Hensal

Decision Date15 February 1938
Docket NumberNo. 44205.,44205.
PartiesVAUX v. HENSAL.
CourtIowa Supreme Court

224 Iowa 1055
277 N.W. 718


No. 44205.

Supreme Court of Iowa.

Feb. 15, 1938.

Appeal from District Court, Guthrie County; Norman R. Hays, Judge.

An action upon an alleged lost promissory note. Default was entered against the defendant for failure to appear at the time the case was assigned for trial and judgment was entered for the plaintiff. A motion filed later to set aside the judgment was overruled, and defendant appeals.


[277 N.W. 719]

John L. Sloane, of Des Moines, for appellant.

Wilson & Harris, of Jefferson, for appellee.

ANDERSON, Justice.

This case was brought in June, 1935, in the district court of Guthrie county, Iowa, upon an alleged lost promissory note. The defenses interposed by answer were: (a) A general denial; (b) denial of the execution of the note; and (c) denial of the genuineness of the signature. The case was regularly noticed for trial for the February, 1937, term by the filing of a trial notice on the 15th day of December, 1936; the February term commencing on the 9th day of February, 1937. On the second day of the said February term of court the regular assignment of causes for trial at said term was made and this case was assigned for February 15, 1937, at 10 o'clock a. m. A copy of the assignment thus made was mailed to the office of Sloane & Sloane, attorneys at Des Moines, Iowa, on February 10, 1937. Sloane & Sloane maintained an office together in an office building in Des Moines, Iowa, but the attorney John L. Sloane claims that while he and his brother officed together that they are not partners or associated in the practice of law. On the 15th day of February, the day on which the case was assigned for trial, neither the defendant, Elmer Hensal, nor his attorney appeared in court. and under the court's instructions the clerk of the court called by telephone the office of Attorneys Sloane & Sloane in Des Moines and informed that office that the case would be for trial at 1:30 p. m. the following day, February 16th. The attorney John L. Sloane admits that he was advised of the assignment of the case and also advised as to the telephone communication from the clerk. On February 16th the case was called for trial by the trial Judge about 1:35 p. m. Neither the defendant nor his counsel were present. The trial court caused the courtroom and courthouse corridors to be paged for the defendant and his attorney, and about 1:45 p. m. the plaintiff was advised by the court to proceed with the trial of the case. At that time the...

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