Brydolf v. Wolf, Carpenter & Co.
Supreme Court of Iowa
Appeal from Davis Qi/romb Court. The defendants, Wolf, Carpenter & Co., a partnership by that name and style, were sued in tbe firm name. Tbe original notice was served on tbe wife of Wolf, one of tbe partners, but not on any of tbe members of tbe firm personally, nor upon any agent of tbe firm. A default' was entered against tbe partnership upon this service, and upon their motion, at the same term, it was set aside, from which ruling plaintiff appeals.
1Opinion of the CourtMiller, J.
The question pesented is, whether the service of the original notice upon the wife of one member of the partnership was or was not good service upon the firm %
When an indmidual is sued the notice must be served by reading it to him and by delivering him a copy, or by offering to read it to him, etc. Or in case he be not found within the county of his residence, it may be served by leaving a copy of the notice at his usual place of residence, with some member of his family over fourteen years of age. Rev., § 2816.
In an action against a partnership, the statute provides, that “ service may be…
2Cases cited1 opinion
- Saunders v. BentleySupreme Court of Iowa · 1859
3Cited by8 opinions
- Amy v. WatertownSupreme Court of the United States · 1889
- Hatch v. Alamance Railway Co.Supreme Court of North Carolina · 1922
- Hatch v. . R. R.Supreme Court of North Carolina · 1922
- Oklahoma Fire Ins. Co. v. Barber Asphalt Paving Co.Supreme Court of Oklahoma · 1912
- Ellis v. CarpenterSupreme Court of Iowa · 1893
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