McCaffree v. Guesford
Supreme Court of Iowa
Appeal from, the Jasper District Court. McCaffree sued Guesford in tbe District Court. Tbe original notice was placed in tbe bands of tbe sheriff for service, and served, on tbe 5tb day of September, 1854, and recited that there was then on file, a petition. No petition was, in fact, filed until tbe next day. Tbe defendant moved tbe District Court to dismiss tbe cause, for tbe reason, among others, that no petition was on file as alleged in the notice.
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Appeal from, the Jasper District Court. McCaffree sued Guesford in tbe District Court. Tbe original notice was placed in tbe bands of tbe sheriff for service, and served, on tbe 5tb day of September, 1854, and recited that there was then on file, a petition. No petition was, in fact, filed until tbe next day. Tbe defendant moved tbe District Court to dismiss tbe cause, for tbe reason, among others, that no petition was on file as alleged in the notice. This motion was sustained, and the cause dismissed. The plaintiff appeals, and assigns for error, the sustaining of the motion and the…
1Opinion of the Court
Weight, 0. J.
The whole record has been examined, and we are unable to see what the various causes specified in the motion to dismiss, point tq, unless it is, that the pe- ’ tition, not having been on file at the time the notice was placed in the sheriff’s hands, the suit was to be taken as discontinued under section 1716 of the Code, no good cause having been shown for the failure. Indeed, all the other causes appear to have originated in evident mistake, as to the contents of the notice and petition. There are no such variances as are suggested, nor, so far as we can see, the least pretence…
2Cited by7 opinions
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- Anderson v. KerrSupreme Court of Iowa · 1859
- Sweet v. PorterSupreme Court of Iowa · 1861
- Cheever v. LaneSupreme Court of Iowa · 1856
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