Wilson & Co. v. Call
Supreme Court of Iowa
Appeal from Kossuth District Cowrt. ON the 8th day of October, 1873, a judgment by default was rendered in favor of plaintiffs against Jonas P. Oolby, James Cornwall and Asa C. Gall, surety, for two hundred dollars.
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Appeal from Kossuth District Cowrt. ON the 8th day of October, 1873, a judgment by default was rendered in favor of plaintiffs against Jonas P. Oolby, James Cornwall and Asa C. Gall, surety, for two hundred dollars. The return of service upon Call is as follows: “State of Iowa, Kossuth County — ss.: “The within notice came into my hands for service on the 24th day of September, 1873, and was by me served on Asa C. Call, by copy left at his usual place of residence with Mrs. Call, she being a member of the family, and over fourteen years of age, the said Asa O. Call not being by me found in…
1Opinion of the CourtDay, J.
1. service; return: certainty in name. I. It is claimed that the return fails to state the name of the person with whom copy was left; that the designation, Mrs Gall, does not comply with the statute with the degree of certainty required in this class of service. This position is not tenable. In support of our conclusion, though not entirely decisive of it, see Davis v. Burt, 7 Iowa, 56.
2. —:---:place of vice. II. It is urged that the return does not state the town where service was made. It is urged that what appears beneath the signature of the officer making service cannot be regarded as a…
2Cases cited3 opinions
- Ballinger v. TarbellSupreme Court of Iowa · 1864
- Davis v. BurtSupreme Court of Iowa · 1858
- Hakes v. ShupeSupreme Court of Iowa · 1869
3Cited by1 opinion
- Sodini v. SodiniSupreme Court of Minnesota · 1905