Clark v. Little
Supreme Court of Iowa
Appeal from Jackson District Court. On tbe 20tb day of November, 1873, plaintiffs filed their petition alleging that in September, .1856, in the District Court of Jackson County, one Jonas Clark recovered a judgment against the defendant for the sum of one hundred and sixty dollars, and that on the 6th day of July, 1866, Jonas Clark assigned the judgment t.o plaintiffs. . Plaintiffs claim that there is due them on said judgment the sum of four hundred and thirty-six dollars.
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Appeal from Jackson District Court. On tbe 20tb day of November, 1873, plaintiffs filed their petition alleging that in September, .1856, in the District Court of Jackson County, one Jonas Clark recovered a judgment against the defendant for the sum of one hundred and sixty dollars, and that on the 6th day of July, 1866, Jonas Clark assigned the judgment t.o plaintiffs. . Plaintiffs claim that there is due them on said judgment the sum of four hundred and thirty-six dollars. The defendant denies that he owes the amount claimed, and alleges that he was never served with notice, either by…
1Opinion of the Court
Day, J. —
i. origiuat, fectwe serv106-The Code of 1851, in force at the time the judgment sued on was rendered, provides: “ The service is to be made by reading the notice to the defendant and giving him a copy if demanded. If not found he may be served by a copy left at his usual place of residence with some member of the family over fourteen years of age.”
' “ The return must state the time and manner of making the service. If made by leaving a copy, as aforesaid, it must state at whose house, and the name of the person with whom the same was left, or a sufficient reason must be given for…
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