Anderson v. Kerr

The first assignment of error is that there was not sufficient service to give jurisdiction over the person. It would certainly be more correct for the sheriff to say he read the notice to the defendant, instead of merely saying that he read it in his presence and hearing. But the defect is remedied when the defendant demanded a copy, which the sheriff, in his return, says he did, and that it was given.

The second assignment is answered by the case of McCaffree v. Guesford, 1 Iowa 80, which holds that, though the petition is not filed at the time named in the notice, it is sufficient if filed…