Cheever v. Lane
This text of 3 Iowa 296 (Cheever v. Lane) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
"Without inquiring into the sufficiency of the service of notice, we have no hesitation in saying, that this cause was improperly dismissed. Insufficient service cannot have the effect of quashing the notice, and dismissing a cause. At most, it could only affect the service itself, and work a continuance. The fact of filing the petition after the time stated in the notice, would not operate to dismiss the cause. This same question was before this court, in the case of McCaffrey v. Guesford, 1 Iowa, 80, and we see no reason for disturbing the ruling there made.
Judgment reversed.
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3 Iowa 296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cheever-v-lane-iowa-1856.