Brown v. Newman

1. Service op notice. Service of original notice upon the agent of defendant is not sufficient. 2. Appearance by agent. The defendant may appear by an agent and consent to judgment, and it is not necessary that the authority to make such appearance should be entered of record.

Appeal from, Dubuque District Court. The facts are stated in the opinion of the court. The service upon the agent in this case is not sufficient, it does not relate to business growing out of an agency, and the defendant is not a copartnership or corporation. Chittenden v. Hobbs, 9 Iowa, 417; Grant v. Harlon, 11 Id., 429; Foley v. Connelly, 9 Id., 240; Carr v. Kapp, 3 Id., 80; Byington v. Crosthwait, 1 Id., 148. The agent exhibited no authority to bind the defendant, and before the court could take jurisdiction his authority should appear, 8 Ind., 57; Lane v. Crosby, 42 Maine, 327; 35 Id., 129; Evans v. Pierce, 2 Scam., 468; Spear v. Carter et al, 1 Manning (Mich.), 19; Benn v. Best, 5 Wend., 293; 4 John., 292 ; Brown v. Cady, 19 Wend., 477; Stoddard v. Holmes, 1 Cow., 245; 15 John., 244. The defect in service was caused by the appearance of the principal defendant and the garnishee. Bell v. Pierson, Morris, 21; Hotchkiss v. Thompson, Id., 156; Houston v. Walcott & Co., 1 Iowa, 86; Voorhies & Co. v. Ewbank, 6 Id., 274; Graves v. Cole, 2 G. Greene, 467; Winchester v. Cox, Id., 575; Drake v. Atchison, 4 Id., 297; Lorimer et al. v. The Bank of Illinois, Morris, 223; Morrow v. Carpenter, 1 G. Greene, 469; Chittenden & Co. v. Hobbs et al., 9 Iowa, 41’8.