Weil v. Lowenthal
Supreme Court of Iowa
Appeal from Scott District Court. The plaintiff brought suit against Acts as the maker, and Lowenthal, the appellant, as the indorser of a promissory note. The original notice was served upon the appellant in the county of Rock Island, State of Illinois, by the sheriff of Scott county, of this State.
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Appeal from Scott District Court. The plaintiff brought suit against Acts as the maker, and Lowenthal, the appellant, as the indorser of a promissory note. The original notice was served upon the appellant in the county of Rock Island, State of Illinois, by the sheriff of Scott county, of this State. Lowenthal appeared for the special purpose of objecting to the jurisdiction of the court, and filed a motion to dismiss the said cause as against him, on account of the insufficiency of the notice and the service thereof. This motion was overruled, and a judgment was rendered against appellant by…
1Opinion of the CourtBaldwiN, J.
Two objections are made by the appellant to the sufficiency of the notice and service to give the District Court jurisdiction over the appellant. The notice was served by the sheriff of Scott county, upon the defendant in the State of .Illinois; and his return is made upon said notice by him as the sheriff of said county. The return is afterwards amended by' said sheriff by adding his affidavit thereto, in which he states that the service upon the appellant was made in the manner and form as set forth in his original return.
This service is clearly defective. The sheriff of Scott county had no…
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