Journey v. Dickerson
Supreme Court of Iowa
Appeal from Polk District Court. In March, 1863, Dickerson, as administrator of the estate of Henry Courtney, brought his suit against “ widow Caroline I. Journey,” for medical services, amounting to something over eighteen dollars.
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Appeal from Polk District Court. In March, 1863, Dickerson, as administrator of the estate of Henry Courtney, brought his suit against “ widow Caroline I. Journey,” for medical services, amounting to something over eighteen dollars. The notice was issued and served “ upon the within named widow Journey, by leaving a copy at the house of James Straight, in the township of Lee, &c., which is the usual place of residence of said widow Journey, with Caroline J. Straight, a member of the family over fourteen years of age, the said Journey not being found in the county.” To this action there was no…
1Concurrence
Bronson, Ch. J.,
in which Jewett, J., concurred, for some general principles applicable to the case at bar.
In the case of Barry v. Foyles, 1 Pet., 311, the defendant appeared, discharged the attachment by giving special bail, and it was very consistently held, that a variance between the account filed in the attachment proceedings and the declaration on which the ease was tried, made no difference; for no reference could be had to the attachment proceedings.
The process in Ames v. Winsor, 19 Pick., 247, was not left at the last and'usual place of abode óf the defendant; and the service was held…
2Cases cited8 opinions
- Barry v. FoylesSupreme Court of the United States · 1828
- Franklin v. TalmadgeNew York Supreme Court · 1809
- City of Peoria v. KidderIllinois Supreme Court · 1861
- Hodges v. HodgesSupreme Court of Iowa · 1858
- Schobee v. DedmanCourt of Appeals of Kentucky · 1822
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