McGlaughlin v. O'Rourke
Supreme Court of Iowa
Appeal from Dubuque District Court. relied upon Code of 1851, §§ 2084, 2085; 1 Grreenl. Or. Tit. 15, chap. 1 § 15; note; Cooley v. Hobart et al., 8 Iowa 358; Rodemyer v. Rodman, 5 lb. 429. argued: 1. That the return is only evidence of the service, and if the service was actually made, the evidence may be supplied at any time.
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Appeal from Dubuque District Court. relied upon Code of 1851, §§ 2084, 2085; 1 Grreenl. Or. Tit. 15, chap. 1 § 15; note; Cooley v. Hobart et al., 8 Iowa 358; Rodemyer v. Rodman, 5 lb. 429. argued: 1. That the return is only evidence of the service, and if the service was actually made, the evidence may be supplied at any time. Morris v. The Trustees of Schools, 15 Ill. 266: Wells et al. v. Battelle et al., 11 Mass. 481; Irvine v. Scobee, 5 Litt. 70 ; Boyce v. Watson, 3 J. J. Marsh. 498; Malone, Childs &; Co. v. Samuel, 3 A. K, Marsh. 350 ; Moore v. Purple, 3 G-ilm. 153; Mason v. Anderson, 3…
1Opinion of the CourtBaldwiN, J.
This was a proceeding by the plaintiff to foreclose a mortgage executed by Patrick and Elizabeth O’Rourke, bis wife, to secure the payment of a promissory note signed by the husband alone. One Gillaspie, who claimed an interest in the mortgaged property, subject to the lien of plaintiff’s mortgage, was also made party defendant.
The defendants having failed to answer, a decree was rendered in favor of plaintiff as by default, upon the 21st day of December, 1859. Judgment for the amount due on the note was entered up by order of the court against both the husband and wife, and a special…
2Cases cited2 opinions
- Rodemeyer v. RodmanSupreme Court of Iowa · 1858
- Deland v. MershonSupreme Court of Iowa · 1858
3Cited by13 opinions
- Dunton v. McCookSupreme Court of Iowa · 1903
- Chariton & Lucas County National Bank v. TaylorSupreme Court of Iowa · 1930
- Montgomery v. MerrillMichigan Supreme Court · 1877
- Holland v. StateSupreme Court of Florida · 1876
- Manassa v. GarlandSupreme Court of Iowa · 1925
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