Roe v. Hetherington

A statement of the sequence of events is necessary to understand the situation presented by this appeal.

December 24, 1943, the plaintiff, a resident of Iowa, commenced an action in the county court of Cass County, to recover on a promissory note alleged to have been executed by the defendant. The note was not dated but was executed apparently about December 1929, and was due ‘.‘March first, after date.”

The summons and the complaint were served upon the defendant, a resident of Burleigh County in the employ of the railway company. The record shows he has resided in this State ever since the…