41 Iowa 93
Decided June 21, 1875
Supreme Court of Iowa · decided 1875-06-21
On the 9th day of July, 1873, plaintiff commenced an action against Alfred and Elizabeth J. Oolvin for the foreclosure of a mortgage, making Jacob Elliott a party as a purchaser subsequent to the mortgage. The original notice was returnable to the September Term of court, which commenced September 1st, 1873, and was served on the defendant, Elliott, in Union county, August 13th, 1873. On the second day of the term default was entered against Alfred and Elizabeth J. Colvin.
Decided 1875-06-21
¶1In the case of Brotherton v. Brotherton, at the present term, we held where a notice was served before the Code of 1873 took effect, and the first day of the succeeding term was after the Code went into operation, that the time of pleading was governed by the provisions of the Code. Following that case, the judgment in this is
¶2Affirmed.