Des Moines Branch of the State Branch v. Van
Supreme Court of Iowa
Appeal from'Polls District Court. These cases involved the same questions. The original notices were issued and served in June, 1861. They apprise defendants that petitions are “ on file in the office of the clerk of the District Court of Polk County, Iowa-” ■ * * * * * “ and that unless you appear and answer thereto, on or before the rooming of the 2d day of the next term of said court, judgment,” &c.
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Appeal from'Polls District Court. These cases involved the same questions. The original notices were issued and served in June, 1861. They apprise defendants that petitions are “ on file in the office of the clerk of the District Court of Polk County, Iowa-” ■ * * * * * “ and that unless you appear and answer thereto, on or before the rooming of the 2d day of the next term of said court, judgment,” &c. Defendants appeared and moved to quash the notice in each case, because “ it does not name the term at which defendants are required to appear.” These motions were sustained, and the notices…
1Opinion of the CourtWright, J.
It was the intention of § 2812 of the Revision, to require the original notice to name, designate and fix by name, the term at which a defendant is to appear. The language is this: “ And that unless he appears thereto, and defends before noon of the second day of the term at which said defendant is required by law to appear, naming it, or at such other time as may be by general rule of such court prescribed, default, &c.” The corresponding *525language of tbe Code (§ 1715,) was : “And that unless he appears and pleads thereto by (stating the time when, by law or' by the rules of court he is…
2Cases cited1 opinion
- Butcher v. BrandSupreme Court of Iowa · 1858
3Cited by13 opinions
- McLaughlin Brothers v. HallowellSupreme Court of the United States · 1913
- Krueger v. LynchSupreme Court of Iowa · 1951
- Hudson v. BlanfusSupreme Court of Iowa · 1867
- De Tar v. Boone CountySupreme Court of Iowa · 1872
- Vark v. DamSupreme Court of Iowa · 1862
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