Lyon v. Cloud
Supreme Court of Iowa
Appeal from the Johnson District Court. Suit upon a promissory note, and judgment by default rendered against tlie defendant. It appears from the sheriff’s return upon the original notice, that there was personal service upon the defendant, and that he demanded a copy of the petition. The defendant appeals, and assigns for error, that the service was insufficient to authorize the judgment.
1Opinion of the CourtStockton, J.
The judgment in this case was rendered
against the defendant by default; and it is now claimed by him, that the same should be reversed, for the reason that having, at the time the notice was served on him, demanded a copy of the petition, it is not shown by the record that any such copy was served upon him, or furnished to him. It is true that it appears by the return of the sheriff, that at the time the notice was served on the appellant, he demanded a copy of the petition ; but it is not shown that he designated the place to which the copy should be sent. Having failed to do so, he was not…
2Cited by6 opinions
- McDonald v. Second National BankSupreme Court of Iowa · 1898
- Marquardt & Sons v. ThompsonSupreme Court of Iowa · 1889
- Gegelman Ex Rel. Gegelman v. ReiersgaardNorth Dakota Supreme Court · 1979
- Agricultural Credit Corp. v. Land Investment Co.North Dakota Supreme Court · 1936
- Educational Film Exchanges of Iowa, Inc. v. HansenSupreme Court of Iowa · 1936
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