¶1Upon the authority of following cases, the "above error is well assigned: The Canal Bank of Cleveland v. Newberry, 7 Iowa 5; Burlington and Missouri River Railroad Company v. Marchand, 5 Ib. 468; Sample & Griffith, Ib. 378.
¶2Reversed.
11 Iowa 453
Decided April 15, 1861
Supreme Court of Iowa · decided 1861-04-15
The plaintiff sues the defendant on several promissory notes, amounting in the aggregate to one thousand and ninety-four dollars. The service on the defendant was defective. He waived this by appearing on the first day of the term and filing a plea denying his indebtedness to plaintiff, and also informally setting up a claim by way of set-off for a large amount of grain, which he had before that time sold and delivered to plaintiff.
Decided 1861-04-15