Kent v. Coquillard
Supreme Court of Iowa
Appeal from Plymouth Circuit Court. A judgment by default having been rendered in a foreclosure proceeding against defendant and others, he made a motion to set aside the judgment and for permission to defend, which was overruled. From the order overruling the motion the defendant appeals.
1Opinion of the Court
Beok, Ch. J.
I. Service of notice of the action was made upon defendant by publication. The motion to set aside *501the judgment and for permission to defend is based upon the ground that the affidavit required by the Code, § 2618, does not comply with that provision. The affidavit shows that personal service cannot be made within the state upon all the defendants, but fails to state specifically that such service cannot be made upon defendant. The record shows that prior to the rendition of the judgment another affidavit was filed, substantially complying with the requirements of the section of…
2Cases cited1 opinion
- Hale v. First National BankSupreme Court of Iowa · 1879
3Cited by3 opinions
- Hodges v. BierleinSouth Dakota Supreme Court · 1893
- La Forge v. CooterSupreme Court of Iowa · 1935
- Knight v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1890