Foley v. Connelly

Supreme Court of Iowa

Foley v. Connelly

9 Iowa 240

Supreme Court of Iowa·Decided October 13, 1859·Published·Cited by 2 cases

Opinion

WRIGHT, C. J.

The affidavit should have stated that copies of the petition and notice Avere directed to the respondent “ at his usual place of residence ” It is not sufficient to prove that they were sent to a particular post office, without showing that this office Avas.at such place of residence of respondent. Code, sec. 1826, Carr v. Kopp, 3 Iowa 80.

Eor this error the cause must be reversed and remanded.

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WRIGHT, C. J.

The affidavit should have stated that copies of the petition and notice Avere directed to the respondent “ at his usual place of residence ” It is not sufficient to prove that they were sent to a particular post office, without showing that this office Avas.at such place of residence of respondent. Code, sec. 1826, Carr v. Kopp, 3 Iowa 80.

Eor this error the cause must be reversed and remanded.

Foley v. Connelly, 9 Iowa 240 (iowa 1859).

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Opinion

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