Harmon v. Lee
Supreme Court of Iowa
Appeal from the Story District Court. The notice in this case was returned, “served as to Jonathan See, by leaving a copy with E. Kelly, a person over fourteen years of age.” There was no appearance by defendant, and judgment by default was rendered against him for the amount claimed. The defendant appeals.
1Opinion of the CourtStockton, J.
— There was no service in this case as required by the Code, (section 1721), sufficient to give the court jurisdiction, or to authorize judgment against defendant. If not found, the defendant may be served by leaving a copy of the notice -at his usual place of residence, with some member of his family, more than fourteen years of age. The return must state the time and manner of service — at whose house it was left — and the name of the person with whom it was left — or a sufficient reason must be given for omitting so to do. Where these requirements of the statute, as to the service, are not…
2Cases cited1 opinion
- Pilkey v. GleasonSupreme Court of Iowa · 1855
3Cited by2 opinions
- Spencer v. BernsSupreme Court of Iowa · 1901
- Stier v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1924