Robinson v. Foster
Supreme Court of Iowa
Appeal from Johnson District Court. Judgment by default. The notice was served October 26th, 1860, returnable to the next term, which was by law fixed for the 1st Monday, the 5th of November. Defendant appeals. I. The defendant in this case, was served personally, and within the county, and was entitled fto ten days between the day of service and the first day of the next term. Without such service he was not compelled to appear at the next term.
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Appeal from Johnson District Court. Judgment by default. The notice was served October 26th, 1860, returnable to the next term, which was by law fixed for the 1st Monday, the 5th of November. Defendant appeals. I. The defendant in this case, was served personally, and within the county, and was entitled fto ten days between the day of service and the first day of the next term. Without such service he was not compelled to appear at the next term. Rev. 1860, § 2815, Sub-div. 1. By § 1720 of the Code 1851, the notice was required to be served ten days before the next term of the court, and the…
1Opinion of the CourtWright, J.
Counsel have in argument presented several minor questions, but the point relied upon and most discussed, involves the construction of the first clause of § 2815 of the Rev. of 1860, which is as follows: “ The defendant, if nerved otherwise than by publication, shall be held to answer at the next term after service, provided, “1: He be served within the county where suit is brought in such time as to leave at least ten days between the day of service and the first day of the next term.” The service in this caso was on Friday, the 26th of October, and the term commenced on Monday the 5th…
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