Lyon v. Comstock

Suit on a promissory note made by defendant to plaintiff. The original notice., returnable to the February term, 1858, was placed in the sheriff’s hands January 26, 1859, and was returned by him “not 'found.” On the 2d day of February, 1859, on affidavit made by plaintiff, that “ the defendant could not be found in the State of Iowa, and that a cause of action existed against him; ” and upon further affidavit, that “the present residence of said Com-stock, was Dayton, Ohio, and being a resident of this State, he had departed therefrom with intent to avoid service of process, or that he keeps…