Foley v. Connelly
Supreme Court of Iowa
Appeal from the Jackson District Court. IN equity. The respondent was not personally served, and the decree was entered by default. An affidavit was filed to the effect that a sealed envelope, containing true copies of the petition and notice, was deposited in the post office at Dubuque, directed to “ Thomas Connelly, Sacramento City, California.” The postage was prepaid and the envelope deposited January 15, 1857. The decree was rendered July 17, 1857. Respondent appeals.
1Opinion of the CourtWright, C. J.
The affidavit should have stated that copies of the petition and notice Avere directed to the respondent “ at his usual place of residence ” It is not sufficient to prove that they were sent to a particular post office, without showing that this office Avas.at such place of residence of respondent. Code, sec. 1826, Carr v. Kopp, 3 Iowa 80.
Eor this error the cause must be reversed and remanded.
2Cases cited1 opinion
- Carr v. KoppSupreme Court of Iowa · 1856
3Cited by2 opinions
- Bristow v. GuessSupreme Court of Iowa · 1861
- Ellison v. LindsleyNew Jersey Superior Court Appellate Division · 1880