McBride v. Harn
Supreme Court of Iowa
Appeal from Hardin District Court. •The defendant moved the court in the case to set aside the judgment rendered against him, and to grant a new trial on the ground that he was served by publication only. The motion was overruled, and from the decision defendant appeals. The facts of the case are stated with opinion.
1Opinion of the Court
Beck, Ch. J.
The defendant in this action, which was commenced by attachment, was personally served in the State of Ohio, January 1, 1875; May 13, 1876, a judgment of default was rendered against defendant; May 11,1878, the motion was filed to set aside the judgment on the ground, as alleged in the motion, that defendant was served by publication only, or by service upon him, without the State of Iowa. The motion was overruled, and this action of the court is the foundation for the sole error assigned upon the record.
Code, section 2877, provides that “when a j ndgment has been rendered against…
2Cited by4 opinions
- Griffith v. Milwaukee Harvester Co.Supreme Court of Iowa · 1894
- McLain v. DuncanSupreme Court of Arkansas · 1892
- Clark v. TullSupreme Court of Iowa · 1901
- Wilder v. DennisCourt of Appeals for the Fourth Circuit · 1912