Butcher v. Brand
Supreme Court of Iowa
Appeal from the Marion District Court. Action upon two promissory notes, one for $120, dated December 11, 1851, and tbe other for $60, dated January 1, 1855, and both payable to the order of the plaintiff, two years after date. The petition was filed January 5, 1857, and claimed of the defendant, one hundred and eighty dollars, which is alleged to be due to the plaintiff, and asks judgment for that amount, with interest and costs.
Read the full summary
Appeal from the Marion District Court. Action upon two promissory notes, one for $120, dated December 11, 1851, and tbe other for $60, dated January 1, 1855, and both payable to the order of the plaintiff, two years after date. The petition was filed January 5, 1857, and claimed of the defendant, one hundred and eighty dollars, which is alleged to be due to the plaintiff, and asks judgment for that amount, with interest and costs. The original notice required the defendant to appear and answer on or before the second day of the next term of the Marion district court, or that judgment would be…
1Opinion of the Court
"Woodward, J.
— The first assignment of error is, that judgment was rendered by default against the defendant, when the original notice required him to appear and answer at the next term, without stating on what day the term commenced, or on what day he was to answer. The notice summons the defendant to appear and answer “on or before the second day of the next term,” but is not dated. The sheriff, however, certifies upon the notice, on what day it came into his hands, and on what day it was *237served. These days were January 2d and 5th, 1857. This makes the notice sufficiently certain. It has no…
2Cited by11 opinions
- Des Moines Branch of the State Branch v. VanSupreme Court of Iowa · 1861
- Spokane Merchants Ass'n v. AcordWashington Supreme Court · 1918
- Bud Hoard Co. v. F. Berg & Co.Supreme Court of Oklahoma · 1929
- Hudson v. BlanfusSupreme Court of Iowa · 1867
- Anderson v. KerrSupreme Court of Iowa · 1859
6 more not listed; retrieve them via the Exa API.