McWilliams v. Robertson
Supreme Court of Iowa
Appeal from Polk District Court. — Hubert Utterback, Judge. Motion to vacate a default judgment, on the alleged ground that the defendants in the principal action were never served with notice, and that the return of service made by the sheriff is false. There is a resistance, which denied the allegations of the motion and relied upon the return of service made by the deputy sheriff. Motion was sustained, the judgment vacated; hence this appeal. —
1Opinion of the CourtSalinger, J.
i. process : origmal notice: coming: return I. Appellant filed a pefition in said district court on December 24, 1914, seeking judgment against appellees on a certain promissory note. A judgment on default for want of appearance was entered upon the return of service made by the sheriff, made through C. M. Miller, deputy, certifying that he personally served the same on the within named Cora E. Robertson; also that he served same on the within named M. M. Robertson by leaving a copy at the house of M. M. Robertson in Des Moines Township, Polk County, Iowa, the same being his usual place of…
2Cases cited10 opinions
- Hoitt v. SkinnerSupreme Court of Iowa · 1896
- Ketchum v. WhiteSupreme Court of Iowa · 1887
- Wyland v. FrostSupreme Court of Iowa · 1888
- Galvin v. DaileySupreme Court of Iowa · 1899
- Farnsley v. StillwellSupreme Court of Iowa · 1899
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3Cited by6 opinions
- Chader v. WilkinsSupreme Court of Iowa · 1939
- Des Moines Coal & Coke Co. v. Marks Investment Co.Supreme Court of Iowa · 1923
- Thompson Bros. v. PhillipsSupreme Court of Iowa · 1924
- Heater v. BaganSupreme Court of Iowa · 1928
- Sullivan v. CoakleySupreme Court of Iowa · 1928
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