Barnabee v. Holmes
Supreme Court of Iowa
Appeal from Woodbury District Gouri — Hon. Frank B,. Gaynor, Judge. Lawrence Holmes brought action, through his attorney, Martin Nielan, against Baxnabee et al., in the district court of Woodbury county, for the conversion of certain trunks. Original notice of the suit was served in 1 Sioux City, Iowa, on one Bacon, who, it is claimed, was acting manager and treasurer of the Bostonian Opera Company.
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Appeal from Woodbury District Gouri — Hon. Frank B,. Gaynor, Judge. Lawrence Holmes brought action, through his attorney, Martin Nielan, against Baxnabee et al., in the district court of Woodbury county, for the conversion of certain trunks. Original notice of the suit was served in 1 Sioux City, Iowa, on one Bacon, who, it is claimed, was acting manager and treasurer of the Bostonian Opera Company. The defendants in that action made default, and plaintiff recovered judgment for the sum of $385. Nielan filed an attorney’s lien on the judgment for the sum of $200. Thereafter Holmes brought an…
1Opinion of the CourtDeemeR, J.
2 The principal question in the case is the sufficiency of the service of the original notice in the main action on Chas. K. Bacon. The plaintiffs in the first action mentioned in the title are a copartnership, doing business under the name of the Bostonian Opera Company. They areveaeh and all nonresidents of the státe, and their business is that of' giving musical entertainments in the various cities of the United States. When Holmes commenced his original action they were at Sioux City for the purpose of giving an entertainment, and the notice was iserved on Bacon, who, it is claimed, was…
2Cases cited2 opinions
- Upton Manuf'g Co. v. Stewart Bros.Supreme Court of Iowa · 1883
- Wickens v. GoldstoneSupreme Court of Iowa · 1896
3Cited by7 opinions
- Davidson v. Henry L. Doherty & Co.Supreme Court of Iowa · 1932
- Thornburg v. James R. Bennett & Co.Supreme Court of Iowa · 1928
- McGuire v. Great Northern Ry. Co.U.S. Circuit Court for the District of Northern Iowa · 1907
- Duhigg v. Waterloo Gasoline Engine Co.Supreme Court of Iowa · 1920
- Hancock v. CochranSupreme Court of Oklahoma · 1927
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