28 Iowa 359
Decided December 22, 1869
Supreme Court of Iowa · decided 1869-12-22
Plaintiff had judgment by default before a justice of the peace, on the 25th of July, 1868. On the 12th of August, thereafter, defendant obtained a writ of error, alleging that the original notice was not served as required by law, in that the return (service being by leaving a copy) did not show the name of the person with whom the copy was left, nor at whose house left, nor that said house was defendant’s usual place of residence.
Decided 1869-12-22
¶1—The court erred in setting aside the judgment. Defendant should have moved the justice to correct the alleged error before invoking the action of the District Court. Rev. § 3545. In all respects the case is like Leonard v. Hallam, 17 Iowa, 564, which must have escaped the attention of the court below. Following that, and we have no doubt of its correctness, this judgment was erroneous, and must be
¶2Reversed.