David Bradley Manufacturing Co. v. Burrhus
Supreme Court of Iowa
Appeal from Buchanan District Court.— Hon. A. S. Blair, Judge. Action on a promissory note. The note was executed by Daniel Arnold to plaintiff, and on the back thereof appears the name of defendant Burrhus as guarantor of payment. Both Arnold and Burrhus were named as defendants in the petition, and Arnold was personally served with notice.
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Appeal from Buchanan District Court.— Hon. A. S. Blair, Judge. Action on a promissory note. The note was executed by Daniel Arnold to plaintiff, and on the back thereof appears the name of defendant Burrhus as guarantor of payment. Both Arnold and Burrhus were named as defendants in the petition, and Arnold was personally served with notice. As to Burrhus, it is the return of the serving officer that the notice was served “ by leaving a copy thereof at the house' of said A. P. Burrhus, in Liberty township, Buchanan county, with Mrs. Burrhus, his wife,” etc.- Arnold appeared and filed answer…
1Opinion of the CourtBishop, J.
*3261. Appeal: presentation of error. *325The motion was supported by an affidavit to the effect that the residence of Burrhus at all the times in question was in the incorporated town of Quasqueton, a town *326situated within the boundary lines of Liberty township, in Buchanan county. The fact thus set forth was not denied by plaintiff, and on such affidavit, and the matters of record in the case, the motion was submitted. It is suggested by counsel for appellant in argument in this court that defendant had no right to proceed by motion; that his only remedy was by petition under Code, section 4091 et…
2Cases cited4 opinions
- Browning v. GosnellSupreme Court of Iowa · 1894
- Wyland v. FrostSupreme Court of Iowa · 1888
- Le Grand v. FairallSupreme Court of Iowa · 1892
- Bell v. StevensSupreme Court of Iowa · 1902
3Cited by12 opinions
- Esterdahl v. WilsonSupreme Court of Iowa · 1961
- Davis v. JonesSupreme Court of Iowa · 1956
- Jermaine v. GrafSupreme Court of Iowa · 1939
- Wilmer v. EpsteinCourt of Appeals of Maryland · 1911
- Johnson v. BrooksSupreme Court of Iowa · 1962
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