Bristow v. Guess

Service of the original notice was made by publication. In proof thereof the plaintiff fails to make it appear that copies of the notice and petition were sent to defendants at their usual place of residence. A judgment rendered upon such proof of service, is clearly defective. See Carr v. Kopp, 3 Iowa 80; Foley v. Connelly, 9 Iowa 240. It is claimed, however, by the counsel for appellee that the judgment was rendered since the taking effect of the Revision of 1860, under which no such proof is required, and even if required it is an irregularity, the appellant can not take advantage of in…