Pilkey v. Gleason
Supreme Court of Iowa
Appeal from the Davis District Gourl. Suit was brought by Pilkey in tbe District Court of Davis ■county, against Stiles S. Carpenter, James Gleason and Joba R. Craig. Tbe original notice was returned, as follows: “ This came to band tbe 26tb August, 1854. Served tbe within notice on tbe within named defendants, by reading to Stiles S. Carpenter, John R. Craig.
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Appeal from the Davis District Gourl. Suit was brought by Pilkey in tbe District Court of Davis ■county, against Stiles S. Carpenter, James Gleason and Joba R. Craig. Tbe original notice was returned, as follows: “ This came to band tbe 26tb August, 1854. Served tbe within notice on tbe within named defendants, by reading to Stiles S. Carpenter, John R. Craig. No copy of petition ■or notice demanded — within on tbe 26th day of August, 1854. Served on tbe Games Gleason, by leaving a copy at bis residence, with a member of bis family over tbe age of fourteen years, to wit: bis respected with —…
1Opinion of the Court
WoodwaRD,. J.
Tbe motion for leave to file an amended return of tbe sheriff' to tbe service of tbe original notice in this cause, is overruled,, upon tbe-ground that sucb an amendment cannot be made in tbis court.
Tbe only question presented by tbis record is, whether there was legal service upon Gleason.? We cannot regard it as sufficient. Tbe variance in tbe name, if intended for James.Gleason,, is too great; and were be named properly,, there is not sufficient certainty as to tbe service on a member of bis family. The service is what gives jurisdiction of the-person, and it ought to be…
2Cited by3 opinions
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