Bennett v. Bevard
Supreme Court of Iowa
Appeal from the Muscatine District Court. This action was brought on three promissory notes; two of them dated February 2, 1850, and the third April 21, 1851, and all due one day after their respective dates.
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Appeal from the Muscatine District Court. This action was brought on three promissory notes; two of them dated February 2, 1850, and the third April 21, 1851, and all due one day after their respective dates. The original notice was delivered to the sheriff on the 21th of November, 1856, and was returned not served, (the defendant not being found), on the 18th of May 1857. On the 12th of September, 1857, defendant was served, but when the notice was delivered to the person serving the same, does not appear. The defendant pleaded the statute of limitations. The other facts material to a full…
1Opinion of the Court
Weight, O. J.
— We are called upon to determine but one question, and that is, whether plaintiff’s right of action upon either, or all of the notes, was barred by the statute of limitations. The Code provides that the delivery of the original notice to the sheriff of the proper county, with intent that it be served immediately, (which intent shall be presumed, unless the contrary appears), or the actual service of that notice, by another person, is a commencement of the action. Section 1663. Whether this action was commenced at the time the first original notice was delivered to the sheriff',…
2Cases cited1 opinion
- Charless v. LambersonSupreme Court of Iowa · 1855
3Cited by5 opinions
- Scales v. MarshallTexas Supreme Court · 1902
- State v. WilliamsIndiana Supreme Court · 1910
- Thatcher v. HaunSupreme Court of Iowa · 1861
- Thompson v. Independent School District of AllisonSupreme Court of Iowa · 1897
- Sawyer v. GallagherSupreme Court of Iowa · 1911