Proska v. McCormick
Supreme Court of Iowa
Appeal from Chickasaw Circuit Court. This action was brought upon a written instrument of which the following is a copy: “September 8th, 1879. “We are hereby bound in the penal sum of $270.00 to make John Proska’s McCormick Binder do good work at any ‘time he will give our agent notice during the harvest of1880. The aforesaid sum to be paid by refunding to the said Proska his promissory notes for that amount, made by him to us this day.
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Appeal from Chickasaw Circuit Court. This action was brought upon a written instrument of which the following is a copy: “September 8th, 1879. “We are hereby bound in the penal sum of $270.00 to make John Proska’s McCormick Binder do good work at any ‘time he will give our agent notice during the harvest of1880. The aforesaid sum to be paid by refunding to the said Proska his promissory notes for that amount, made by him to us this day. In consideration of said refunding he is to return to us the said binder, and if suit be not begun on this contract by October 1st., 1880, its conditions are…
1Opinion of the CourtRothrook, J.
The sole question presented by this appeal is, was the suit begun by the first of October, 1880. '
l. action: time oí commencement: service of notice-Counsel for appellant relies upon Code, section 2532, which is as follows: “The delivery of the original notice to the sheriff of the proper county, with intent that it be .. .. .. .... served immediately, which intent shall be pre- •' sumed, unless the contrary appears, or the actual service of the notice by another person, is a commencement of the action.”
This section of the statute is found in the chapter on the limitation of actions, and in…
2Cases cited2 opinions
- Parkyn v. TravisSupreme Court of Iowa · 1879
- Elliott v. A. J. Stevess & Co.Supreme Court of Iowa · 1860
3Cited by14 opinions
- Von Patzoll v. United StatesCourt of Appeals for the Tenth Circuit · 1947
- Fred Miller Brewing Co. v. Capital InsuranceSupreme Court of Iowa · 1900
- Boone v. BooneSupreme Court of Iowa · 1912
- Hawley v. GriffinSupreme Court of Iowa · 1903
- Hueston v. Preferred Accident InsuranceSupreme Court of Iowa · 1918
9 more not listed; retrieve them via the Exa API.