Shields v. Heinold

This is an appeal from a ruling sustaining a special appearance attacking the jurisdiction of the court.

On February 5, 1960, plaintiff filed his petition seeking damages from Arthur A. Heinold for an alleged assault committed on April 10, 1959, in Mason City. On April 7, 1961, an original notice addressed to Arthur B. Heinold, with copy of petition attached, was served on Arthur B. Heinold by delivering a copy “to Mrs. Arthur Heinold, she being the wife of said defendant.” The sheriff’s return of service shows the service made on the same day the notice was received for service. The lapse of…