Fernekes & Bros. v. Case
Supreme Court of Iowa
Appeal from DieJcinson District Court. — Hon. GtEorg-e H. Carr, Judge. This is an action upon an account for goods and merchandise sold and delivered. There was a demurrer to the petition, which was sustained, and plaintiffs appeal.
1Opinion of the CourtRothrock, J.
— I. The last item of the account upon which the action .was brought was dated June 24, 1881. The cause of action would therefore have been barred on the twenty-fourth day of June, 1886. Code, secs. 2529, 2531. An action is deemed to be commenced, within the meaning of the statute of limitations, on the day when the original notice is delivered to the sheriff for service with intent that it be served immediately. Code, sec. 2532. The original notice in this case was delivered to the sheriff, and was served upon the defendants on the first day of May, 1886. This was within the five years’…
2Cases cited4 opinions
- Boals v. ShulesSupreme Court of Iowa · 1870
- Kitsmiller v. KitchenSupreme Court of Iowa · 1867
- Haws v. ClarkSupreme Court of Iowa · 1873
- Jones & Magee Lumber Co. v. BoggsSupreme Court of Iowa · 1884
3Cited by15 opinions
- Gardner v. BeckSupreme Court of Iowa · 1922
- Cummings v. LandesSupreme Court of Iowa · 1908
- Krueger v. LynchSupreme Court of Iowa · 1951
- Erickson v. . MacYNew York Court of Appeals · 1923
- Ritter v. DagelSupreme Court of Iowa · 1968
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