Ruth & Clark, Inc. v. Emery

Plaintiff’s petition seeks foreclosure of mechanic’s liens and a personal judgment in the sum of $695 against the defendant Fitz. The sheriff’s return recited that the original notice was served upon Fitz on October 22, 1942, by leaving a copy thereof with his wife at “his usual place of residence * * * said Robert Fitz not found in' Polk County, Iowa, after diligent search.” Fitz filed a special appearance which asserted that the notice was left with his wife at her usual place of residence, which had not been his usual place of residence since June 26, 1942, when he was inducted into the…