Leonard v. Hallem
Supreme Court of Iowa
Appeal from Tama District Court. Writ of error to justice will not lie until he HAS REFUSED TO CORRECT THE ERROR. This action was originally brought before a justice of the peace, on the 9th day of May, 1864. Notice to the defendant was issued by the justice, and duly signed by him, returnable on the 16th day of May, 1864. The return of service was as follows : “ This notice came into my hands May 9th, 1864, and was by me served on the defendant, James H. Hallem, on the 10th…
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Appeal from Tama District Court. Writ of error to justice will not lie until he HAS REFUSED TO CORRECT THE ERROR. This action was originally brought before a justice of the peace, on the 9th day of May, 1864. Notice to the defendant was issued by the justice, and duly signed by him, returnable on the 16th day of May, 1864. The return of service was as follows : “ This notice came into my hands May 9th, 1864, and was by me served on the defendant, James H. Hallem, on the 10th day of May, 1864, at his residence, in the township of Toledo, Tama county, Iowa, by reading this notice to him…
1Opinion of the Court
Dilloíí, J.
1. wrar of fusMce’a oourt. The appellant concedes that the return of service, as it stood at the date of the judgment by default, was defective, as it did not show that any copy the notice was delivered or offered to the defendant. Rev., § 2816. But he claims that the subsequent amendment cured it. This the appellee denies, for the reason that the copy which was served was not signedhy the justice or the plaintiff, and that the defendant had a right, therefore, to presume that the original was likewise not signed. Waiving the consideration of this question, we come directly to the…
2Cases cited1 opinion
- Pigman v. DenneySupreme Court of Iowa · 1861
3Cited by4 opinions
- Belknap v. BelknapSupreme Court of Iowa · 1912
- Holmes v. HullSupreme Court of Iowa · 1878
- Johnson v. DodgeSupreme Court of Iowa · 1865
- Smith v. ParkerSupreme Court of Iowa · 1869