Hedrick v. Brandon
Supreme Court of Iowa
Appeal from Adams District Court. Plaintiffs sued in the Adams District Court upon two notes made payable on their face, in Quincy, in said county. They asked an attachment, upon the ground that defendant was a non-resident of the state. The writ was issued to the sheriff of Taylor county, and by him levied upon the interest of defendant, in certain lands situated in that county.
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Appeal from Adams District Court. Plaintiffs sued in the Adams District Court upon two notes made payable on their face, in Quincy, in said county. They asked an attachment, upon the ground that defendant was a non-resident of the state. The writ was issued to the sheriff of Taylor county, and by him levied upon the interest of defendant, in certain lands situated in that county. No writ was issued to Adams county; defendant was not served except by publication in the newspaper, nor did he make any appearance. A default was entered at one term, and at the next, -the cause coming on for final…
1Opinion of the CourtWright, C. J.
The provisions of the Code (section 1704), that a suit may be brought in a county wherein a contract by its terms, is to be performed, relates to cases, where there is personal service, and not those where jurisdiction is *320obtained bj levying an attachment upon defendant’s property. If he is not served, the action must be commenced in the county where the property attached, or a portion of it, lies or may be found. It is the service of the attachment that gives the jurisdiction, and that not over the person, but to the extent of enabling the plaintiff to take judgment in rem against the…
2Cases cited1 opinion
- Courtney v. CarrSupreme Court of Iowa · 1858
3Cited by2 opinions
- Allen v. BidwellSupreme Court of Iowa · 1872
- Martin v. Better Taste Popcorn Co.District Court, S.D. Iowa · 1950