Farris v. Ingraham, Kennedy & Day
Supreme Court of Iowa
Appeal -from.Buchanan District Oou/rt On the 3d day of March, 1811, the plaintiff filed in the Buchanan district court a petition alleging in substance that, December 1, 1869, Ingraham, Kennedy and Day commenced an action in the circuit court of Buchanan county against this plaintiff and the defendant S. L. Wilmer, on a claim of $1,200, for lumber sold and delivered to them as copartners in business.
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Appeal -from.Buchanan District Oou/rt On the 3d day of March, 1811, the plaintiff filed in the Buchanan district court a petition alleging in substance that, December 1, 1869, Ingraham, Kennedy and Day commenced an action in the circuit court of Buchanan county against this plaintiff and the defendant S. L. Wilmer, on a claim of $1,200, for lumber sold and delivered to them as copartners in business. That notice of said action was never served upon this plaintiff in any manner whatever, and that plaintiff never appeared in the action. That upon the back of the original notice is a return as…
1Opinion of the CourtDay, J.
We do not understand appellant to claim that the notice was not in fact served in the manner stated in the return, nor that in this action the return may be impeached by showing its falsity. From appellant’s argument we extract the following: “ "We do not deem it necessary to inquire whether or not the judgment in question would have been upheld on,appeal, where no direct proof of the insufficiency of the service could have been given; .nor whether, if the sheriff’s return had stated every fact neces. sary to constitute a perfect service, we could impeach the same by direct evidence that it…
2Cases cited2 opinions
- Davis v. BurtSupreme Court of Iowa · 1858
- Neally v. RedmanSupreme Court of Iowa · 1857