¶1This judgment must be reversed. It was irregular to render a judgment by default, until such proof was made. Byington v. Crosthwait et al., 1 Iowa, 148.
3 Iowa 80
Carr v. Kopp
Decided June 15, 1856
Supreme Court of Iowa · decided 1856-06-15
This was a proceeding to perfect a tax title, under section 606 of the Code. The defendant was not personally served, but the notice being returned “ not found,” an order was made for publication, and the cause continued. At the next term, proof of publication was filed, but no proof was made of tbe sending a copy of tbe petition and notice to defendant, or any excuse shown for not so sending them, as required by section 1826.
Decided 1856-06-15