Supreme Court of Iowa, 1859

Nosler v. Githens

Nosler v. Githens
Supreme Court of Iowa · Decided October 13, 1859 · Wright
9 Iowa 295

Nosler v. Githens

Opinion of the Court

Wright, C. J.

The original notice was served, by leaving a copy with the wife of each defendant, at their respect-, ive residences; but the return does not show that the defends ants were not found, nor is any cause shown for making the substituted service. Held, That the return was insufficient, and the court erred in rendering judgment against defendants by default. Davis v. Burt. et al, 7 Iowa 56; Chittenden v. Hobbs, et al, infra.

Judgment reversed.

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