Busick v. Bumm
Supreme Court of Iowa
Appeal from the Polls District Court. In this case, the usual notice under the Code was issued, and placed in the hands of the sheriff, to which he made the following return: “ Served the within notice on the within named Henry Bumm, by reading it to him' personally. D. B. Spaulding, sheriff.”
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Appeal from the Polls District Court. In this case, the usual notice under the Code was issued, and placed in the hands of the sheriff, to which he made the following return: “ Served the within notice on the within named Henry Bumm, by reading it to him' personally. D. B. Spaulding, sheriff.” The action is brought upon a promissory note made by defendant to plaintiff, and the petition follows almost the form given in the Code, except that it avers the note was made to plaintiff, and omits the words, “ which said promissory note has now become the property of your petitioner.” A motion was…
1Opinion of the CourtWeight, C. J.
Two errors are assignedFirst, that the court erred in refusing to quash the notice. As to this, it is sufficient to say, that there is nothifig to show that said *65motion, was overruled, or that the court did refuse to quash the notice. There is a motion filed, but what action was had on it, is nowhere shown. It will be time enough to decide that question when it has been passed upon by the court below. We can only presume that the motion was waived by defendant. At all events, he can in this case, claim nothing by it, after trial and judgment.
The second error relates to the admission of the…
2Cited by1 opinion
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