Hollingsworth v. Snyder
Supreme Court of Iowa
Appeal from the Des Moines District Court. This is an action for rent, commenced before a justice of the peace, and taken by appeal to the District Court, where judgment was rendered for the plaintiff, against the defend- - ant and his sureties in the appeal. ■ The facts of the case will be found stated in the opinion of the court.
1Opinion of the CourtWoodward, J.
The deceased was landlord of the defendant, and caused a written notice to quit, to be served upon him. The service of this notice upon him, became essential in the trial. Such service was proved by the written return and affidavit of William Endsley, who does not appear, and is not claimed, to be an officer. Such mode of proof was objected to, but the objection was overruled by the court, and it was admitted without any other evidence thereof.
The court erred in admitting this notice upon this proof alone. The papers referred to, in section 1732, and chapter 133 of the Code, are not the…
2Cited by3 opinions
- State v. OstranderSupreme Court of Iowa · 1865
- Rowenhorst v. JohnsonSouth Dakota Supreme Court · 1925
- Scanlon v. ScanlonSupreme Court of Iowa · 1912