Davis v. Burt
Supreme Court of Iowa
Appeal from the Marion District Court. Action upon a promissory noto. The original notice was addressed to the defendants, and reads as follows: “ You are hereby notified that there is now on file in the office of the cleric of the district court in Marion county, Iowa, a petition of Hugh "W. Davis, claiming of you one hundred and eight dollars and seventy-five cents, as money due on a promissory note ; and that unless you appear and answer thereto, on or before the 22d day…
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Appeal from the Marion District Court. Action upon a promissory noto. The original notice was addressed to the defendants, and reads as follows: “ You are hereby notified that there is now on file in the office of the cleric of the district court in Marion county, Iowa, a petition of Hugh "W. Davis, claiming of you one hundred and eight dollars and seventy-five cents, as money due on a promissory note ; and that unless you appear and answer thereto, on or before the 22d day of September, 1S57, judgment will be rendered against you thereon,” and was signed by the attorney of the plaintiff. On…
1Opinion of the CourtStockton, J.
I. Judgment was rendered against the defendants by default. It is first objected by the appellants, that the court erred in rendering a judgment against Luther Burt, for the reason that the notice was to him by his real name, and the return of the sheriff *58shows that the notice was served on “ L. Burt.” We think that this objection is not well taken. The district court was authorized to infer, that the person returned served by the sheriff, was the person named in the notice. The objection taken by the appellants, at any rate, comes too late, when first made in this court, after judgment in…
2Cited by12 opinions
- Jaffray v. WolfSupreme Court of Oklahoma · 1896
- Thomas v. District Court of Third Judicial Dist. Ex Rel. Salt Lake CountyUtah Supreme Court · 1946
- Hass v. LevertonSupreme Court of Iowa · 1905
- Chittenden & Co. v. HobbsSupreme Court of Iowa · 1859
- Columbia Trust Co. v. SteinerUtah Supreme Court · 1928
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