Legal Opinion

Tavenor v. Reed

Supreme Court of Iowa

Decided June 5, 1860PublishedCited by 1 opinion

Appeal from Dubuque City Court ACTION on a promissory note. The defendant failed to appear, a default was entered and judgment rendered for the plaintiff. Defendant appeals. The material facts are stated in the opinion of the court. relied upon Converse, Admr. v. Warren, 4 Iowa 158, and cases there cited; Winchester v. Cox, 4 Gr. Greene 121; Foley v. Connelly, 9 Iowa 240; Carr v. JLopp, 3 Iowa 80.

1Opinion of the CourtBaldayiN, J.

The only question presented by appellant in this cause is, whether the return of the officer upon the original notice shows that the service upon defendant was so made as to give the court jurisdiction over the person. It is claimed by the defendant, the appellant, that the court erred in rendering judgment against her before she had been properly served with notice of such proceedings. The return upon the original notice reads as follows, viz: “Served the within notice by leaving a copy of the same with the mother of the within named, she being a member of her family and over the age of…

2Cases cited2 opinions

  1. Davis v. BurtSupreme Court of Iowa · 1858
  2. Converse v. WarrenSupreme Court of Iowa · 1856

3Cited by1 opinion

  1. Clark v. LittleSupreme Court of Iowa · 1875

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