Hakes v. Shupe
Supreme Court of Iowa
Appeal from General Term, Second District, Appanoose. Action in the District Court of Appanoose county to foreclose a mortgage given by the defendants to one Doras Healey to secure the payment of five promissory notes executed by the defendant J. S. Shupe to said Healey, amounting to about six thousand dollars.’ The notes (as they appear) were indorsed, and the mortgage assigned to plaintiff before the maturity of any of the notes.
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Appeal from General Term, Second District, Appanoose. Action in the District Court of Appanoose county to foreclose a mortgage given by the defendants to one Doras Healey to secure the payment of five promissory notes executed by the defendant J. S. Shupe to said Healey, amounting to about six thousand dollars.’ The notes (as they appear) were indorsed, and the mortgage assigned to plaintiff before the maturity of any of the notes. The original notice in the ease was in the usual form, and for the March term commencing on the first day of March, 1869, and the return of service thereon was as…
1Opinion of the CourtCole, J.
x. service and fective return, The return of service in this case stated all that the statute requires, except the time of service, Our statute says, “Eev. Sec. 2817: If served personally, the return must state the time *467and manner and place of making the service, and that a copy was -delivered to defendant, or offered to be delivered, etc. * * * ”
This return then was defective in that it failed to state one of the three facts which the statute says it “ must state,” to wit: the time of service. This court has heretofore held that “the only safe rule in cases where jurisdiction depends upon…
2Cases cited2 opinions
- Farris v. PowellSupreme Court of Iowa · 1860
- Pilkey v. GleasonSupreme Court of Iowa · 1855
3Cited by3 opinions
- Raher v. RaherSupreme Court of Iowa · 1911
- Wray v. WraySupreme Court of Iowa · 1913
- Wilson & Co. v. CallSupreme Court of Iowa · 1878