State v. Elgin
Supreme Court of Iowa
Appeal from Appanoose District Court. This was a proceeding by scire facias upon a bail bond. Judgment in favor of the State. Defendants appeal. The material facts are stated in the opinion. I. On appeal, the jurisdiction of the court over the parties must appear affirmatively. It is not sufficient that the journal entry shall state that the court found that due ser vice was made by publication.
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Appeal from Appanoose District Court. This was a proceeding by scire facias upon a bail bond. Judgment in favor of the State. Defendants appeal. The material facts are stated in the opinion. I. On appeal, the jurisdiction of the court over the parties must appear affirmatively. It is not sufficient that the journal entry shall state that the court found that due ser vice was made by publication. Woodward v. WMtesoarver et ux, 6 Iowa 1; Quillan v. Windsor, lb. 896; McCormick vj Bishop, 3 G. Greene 99; Sprote v. Marshall, 4 lb, 344; Pinkney v. Pinkney, lb. 324; Temple et al v. Carstens el al, 1…
1Opinion of the Court
Baldwin, J.1
The first position assumed by appellants is that the court erred in rendering judgment against all of the defendants, when as to three of them, Elgin, Gwynn and Merrill, there was neither any notice served, nor any appearance or waiver thereof. Service of the original notice as to these three defendants was made by publication, and upon proof thereof the court rendered judgment against them by default.
Such proof does not now appear in the records of this case. The entry made by the clerk that such proof was made, is not conclusive upon this point. But there is only a partial…
2Cited by6 opinions
- Peterson v. KochSupreme Court of Iowa · 1899
- Jones v. LeechSupreme Court of Iowa · 1877
- Ryan v. Phoenix InsuranceSupreme Court of Iowa · 1927
- Potter v. BrentlingerSupreme Court of Iowa · 1902
- Gilbert, Hedge & Co. v. WilcoxSupreme Court of Iowa · 1871
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