Tully v. Beaubien
Supreme Court of Iowa
Appeal from Dubuque City Court. cited the Const, art. 5, section 8; Nichols v. The Burlington Louisa Blank Hoad Company, 4 Gr. Greene 42, 8 Bouv. Inst. 187. (No brief, on file.)
1Opinion of the CourtWeight, C. J.
The 31st section of chapter 210, laws of 1857, provides that the process of the city court of Dubuque may be served by the marshal of said city, or any sheriff. In this case the original notice was returned served by the sheriff, and judgment by default rendered against the defendant. He appeals and assigns for error that the sheriff had no power to serve this notice, for the same reason that it is not process, within the meaning of the section cited.
If we give the word process, as here used, the meaning claimed for it by appellant, to-wit: a writ issued out of a court, attested by the…
2Cited by4 opinions
- State v. HigginsSupreme Court of Iowa · 1903
- Brown v. LambeSupreme Court of Iowa · 1903
- Schroeder v. District CourtSupreme Court of Iowa · 1931
- State v. GurlaghSupreme Court of Iowa · 1888