Hart v. Cummins
Supreme Court of Iowa
Appeal from Hie Buchanan District Court. This suit was brought on a judgment rendered in 'the Court of Common Pleas of Union County, Pennsylvania, and at tbe commencement thereof, the plaintiffs procured the auxiliary process of attachment.
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Appeal from Hie Buchanan District Court. This suit was brought on a judgment rendered in 'the Court of Common Pleas of Union County, Pennsylvania, and at tbe commencement thereof, the plaintiffs procured the auxiliary process of attachment. The transcript of said judgment shows, that the original writ of summons was signed, “R. P. Macly, Prothonotary, per J. W. Earning,” and was returned by the sheriff, indorsed, “ Summoned per copy, October 24th, 1838 — so answers William Glover, sheriff.” The petition for the attachment, after stating the amount due to the plaintiffs from defendant,…
1Opinion of the Court
Wright, C. J.(1)
The defendant' insists that tbe court below, improperly admitted the transcript in evidence, because the writ of summons,, therein recited, was not signed" by the prothonotary, or by any person as his deputy, and also because the record did not show such service as gave the said Union county court, jurisdiction over the person of said defendant.- Neither objection-is well-ta-ken. It appears-that the writ was under the seal of the proper court, and waS-returned by the proper sheriff. The record' also discloses,, aside from the writ, that the defendant was “ summoned.”' Under…
2Cited by1 opinion
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