Moss Bros. v. Blinn

Supreme Court of Iowa

Moss Bros. v. Blinn

7 Iowa 261

CourtSupreme Court of Iowa

DecidedDecember 9, 1858

StatusPublished

Cited by1 cases

This text of 7 Iowa 261 (Moss Bros. v. Blinn) 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.

Bluebook

Moss Bros. v. Blinn, 7 Iowa 261 (iowa 1858).

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Opinion

Wright, C. J.

This action was commenced in the dis[262]*262trict court- The original notice was returned served by a constable. Defendant did not appear, and judgment was rendered againt him by default. The service was not sufficient to authorize the district court to take jurisdiction, and render the judgment. Where service is made by any one, not the sheriff of the county, it must he proved by tlio. affidavit of the person making the same. Code, section 1718, 1732. No such affidavit was made by the constable in this case.

Judgment reversed.

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Wright, C. J.

This action was commenced in the dis[262]*262trict court- The original notice was returned served by a constable. Defendant did not appear, and judgment was rendered againt him by default. The service was not sufficient to authorize the district court to take jurisdiction, and render the judgment. Where service is made by any one, not the sheriff of the county, it must he proved by tlio. affidavit of the person making the same. Code, section 1718, 1732. No such affidavit was made by the constable in this case.

Judgment reversed.

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Bluebook (online)

7 Iowa 261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moss-bros-v-blinn-iowa-1858.

Opinion

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