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1 Morris 403

Deshler v. Foster

Supreme Court of Iowa

Decided January 15, 1845

Supreme Court of Iowa · decided 1845-01-15

This was a suit by an atlachment brought by the defendant against the plaintiff in error, before a justice of the peace. On the returnan attorney appeared for the defendant, and moved to quash the attachment for reasons filed, which was overruled.

Decided 1845-01-15

¶1Pee Curiam,

Mason, Chief Justice.

¶2The only error assigned in this case is, that the court below erred in overruling the motion made by the defendant to dismiss the suit, because there was no service made on the defendant below personally, or by notice. We think there was such an appearance below as to cure this defect. The transcript of the justice shows that the defendant appeared by his attorney. There is nothing to show that such appearance was for a special purpose, and although the acts of that attorney were limited to matters connected with the process of attachment, and although he left the justice’s court when he had failed to accomplish certain purposes of a preliminary character, the record shows no sufficent reason to induce us to doubt that his appearance was in the first instance general.

¶3Judgment affirmed.

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