Carr v. Kopp
Supreme Court of Iowa
Appeal from the Keokuk District Court. This was a proceeding to perfect a tax title, under section 606 of the Code. The defendant was not personally served, but the notice being returned “ not found,” an order was made for publication, and the cause continued.
Read the full summary
Appeal from the Keokuk District Court. This was a proceeding to perfect a tax title, under section 606 of the Code. The defendant was not personally served, but the notice being returned “ not found,” an order was made for publication, and the cause continued. At the next term, proof of publication was filed, but no proof was made of tbe sending a copy of tbe petition and notice to defendant, or any excuse shown for not so sending them, as required by section 1826. Judgment for plaintiff, by default, and defendant appeals.
1Opinion of the CourtWright, C. J.
This judgment must be reversed. It was irregular to render a judgment by default, until such proof was made. Byington v. Crosthwait et al., 1 Iowa, 148.
2Cases cited1 opinion
- Byington v. CrosthwaitSupreme Court of Iowa · 1855
3Cited by5 opinions
- Pursley v. HayesSupreme Court of Iowa · 1867
- Belknap v. BelknapSupreme Court of Iowa · 1912
- Abell v. CrossSupreme Court of Iowa · 1864
- Foley v. ConnellySupreme Court of Iowa · 1859
- Bristow v. GuessSupreme Court of Iowa · 1861