Converse v. Warren
Supreme Court of Iowa
Appeal from the Desmoines District Court. Suit on a promissory note for two thousand dollars, given by defendant to plaintiff’s intestate.
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Appeal from the Desmoines District Court. Suit on a promissory note for two thousand dollars, given by defendant to plaintiff’s intestate. The original notice issued in the cause, was returned by the sheriff in these words: “ Served the within notice on the within named Eitz Henry Warren, by leaving a true copy with E. H. Thomas, he being over fourteen years of age, at the banking-house of Green, Thomas & Co., being the place of business of defendant. -Also a copy with Mrs. Gay, at defendant’s boardinghouse, being the residence of E. E. Gay; and also a copy at his sleeping room, over the…
1Opinion of the CourtWoodward, J.
We think that the sheriff’s return to the notice, was insufficient to place the defendant in court. The copies left at the place of business, and at the sleeping room of defendant, must go for nothing. It is very clear, that the law does not recognize any such mode of service. The place where the copy is left, must be returned by the sheriff as defendant’s “ usual place of residence,” in which case, the copy must be left with some member of the family more than fourteen years of age. The return must further show, at whose house, and the name of the person with whom, the copy is left, or a…
2Cases cited5 opinions
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3Cited by9 opinions
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- Hodges v. HodgesSupreme Court of Iowa · 1858
- Tavenor v. ReedSupreme Court of Iowa · 1860
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