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Hodges v. Hodges

Hodges v. Hodges, 71 Am. Dec. 388 (Iowa 1858)
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Court
Supreme Court of Iowa · State Highest Courts
Decided
April 15, 1858
Judges
Stockton
Citations
71 Am. Dec. 3886 Iowa 781858 Iowa Sup. LEXIS 178
Headnotes
It is tlie duty of a person serving an original notice, to set forth in his return, all the acts by him done, in order that the proper tribunal may judge of their sufficiency. A return that an original notice was served, or even duly served, is insufficient. The manner of service must be shown.
Summary
Appeal from the Webster District Oowi. Bill for divorce. The original notice was not served by the sheriff, but by one of the attorneys of the complainant. The return states, that he “ served the notice on the defendant on the 29th day of August, 1856,” and is verified by affidavit. Judgment was rendered against the respondent by default, for want of an appearance, from which she appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Stockton

Text extracted by OCR from a scanned original; check the original for exact wording.

Stockton, J.

— It is urged that the decree rendered by the district court is invalid, for the reason that there was no sufficient return of the service of the original notice upon defendant. The return does not state the manner of the service, as required by sec. 1723, of the Code. It is the duty of the person serving the notice to set forth, in his return all the acts by him done, in order that the proper *79 tribunal may judge of their sufficiency. The law does not permit him to judge of the legality or sufficiency of the service. A return that the notice was served, or even duly served, is insufficient. The manner of service must be shown. The court had no right to proceed against the defendant, unless it properly appeared that she was served with notice of the action. Dills v. Chambers, 2 G. Greene, 479; Perry v. Dover, 12 Pick., 211 ; Moore v. Miller, Harrison, 233; Converse v. Warren, 4 Iowa, 158 .

Judgment reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1858–1859: 11860–1861: 11866–1867: 11868–1869: 11898–1899: 11934–1935: 118582026peak 1858 · 1

Relies on it most ⓘ

  1. Galleger v. Duhigg255 N.W. 867 (Iowa 1934)
  2. Journey v. Dickerson21 Iowa 308 (1866) · Concurrence
  3. Adkins v. Globe Fire Insurance32 S.E. 194 (W. Va. 1898)
  4. Grosvenor v. Henry27 Iowa 269 (1869)
  5. Farris v. Powell10 Iowa 553 (1860)
  6. Park v. Long7 Iowa 434 (1858)

Most recent

  1. Galleger v. Duhigg255 N.W. 867 (Iowa 1934)
  2. Adkins v. Globe Fire Insurance32 S.E. 194 (W. Va. 1898)
  3. Grosvenor v. Henry27 Iowa 269 (1869)
  4. Journey v. Dickerson21 Iowa 308 (1866) · Concurrence
  5. Farris v. Powell10 Iowa 553 (1860)
  6. Park v. Long7 Iowa 434 (1858)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Converse v. Warren, 4 Iowa 158 (1856) 9

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