Legal Opinion

Le Grand v. Fairall

Supreme Court of Iowa

Decided October 8, 1892PublishedCited by 11 opinions

Certiorari to Iowa District Court. — Hon. S. H. Fairall, Judge. The petition recites that in a suit pending in Iowa county at the instance of Novak and Jilek, Louis and Dora Le Grand were designated as defendants.

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Certiorari to Iowa District Court. — Hon. S. H. Fairall, Judge. The petition recites that in a suit pending in Iowa county at the instance of Novak and Jilek, Louis and Dora Le Grand were designated as defendants. That the only return of service on the defendants therein is as follows: “I, J. O. Englebert, sheriff of said county, hereby certify and return: I received the within notice for service on the twenty-third day of April, 1891, and that on the twenty-third day of April, 1891, in Lenox township, in said county, I served the within notice on Louis Le Grand, personally, by then and there…

1Opinion of the CourtGranger, J.

1. Original taw6servios: jurisdiction. I. The defendant urges that this court is without jurisdiction, because it does not appear that the plaintiff has no other plain, speedy and adequate remedy. There is also a that the service is sufficient to give jurisdiction. There is in fact no service, and that fact is indicated on the face of the return. The only ground on which to claim a service is that a copy of the notice was left with Louis Le Grand. The only provision for a service on the defendant by leaving a copy is: “If not found within the county of his residence,” the service may be “by…

2Cases cited1 opinion

  1. Hawkeye Ins. v. DuffieSupreme Court of Iowa · 1885

3Cited by11 opinions

  1. Kwentsky v. SirovySupreme Court of Iowa · 1909
  2. Jermaine v. GrafSupreme Court of Iowa · 1939
  3. David Bradley Manufacturing Co. v. BurrhusSupreme Court of Iowa · 1907
  4. Fagan v. FletcherSupreme Court of Iowa · 1965
  5. Spencer v. BernsSupreme Court of Iowa · 1901

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