Wheeler v. Edinger

Supreme Court of Iowa

Wheeler v. Edinger

11 Iowa 409

DecidedApril 11, 1860

StatusPublished

This text of 11 Iowa 409 (Wheeler v. Edinger) 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

Wheeler v. Edinger, 11 Iowa 409 (iowa 1860).

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Opinion

Lowe, C. J.

The chief error relied upon in this case is that it does not appear from any recitals in the record that the requirement in section 1826 of the Code of 1851 had been observed; that is, that any proof had been made, be[410]*410fore a default had been entered against defendants, that a copy of the petition and notice had been mailed to them, or an excuse shown for the failure to do so. That this must affirmatively appear has been frequently held by this court. Broghill v. Lash, 3 G. Greene, 357; Byington v. Crosthwait et al, 1 Iowa, 148; Carr v. Kopp, 3 Ib. 80; Woodward v. Whitescarver, 6 Ib. 1.

Reversed.

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Lowe, C. J.

The chief error relied upon in this case is that it does not appear from any recitals in the record that the requirement in section 1826 of the Code of 1851 had been observed; that is, that any proof had been made, be[410]*410fore a default had been entered against defendants, that a copy of the petition and notice had been mailed to them, or an excuse shown for the failure to do so. That this must affirmatively appear has been frequently held by this court. Broghill v. Lash, 3 G. Greene, 357; Byington v. Crosthwait et al, 1 Iowa, 148; Carr v. Kopp, 3 Ib. 80; Woodward v. Whitescarver, 6 Ib. 1.

Reversed.

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Bluebook (online)

11 Iowa 409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheeler-v-edinger-iowa-1860.

Opinion

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