9 Iowa 295
Decided October 13, 1859
Supreme Court of Iowa · decided 1859-10-13
ACTION on a promissory note. The error in the proceedings below, of which the appellant complains, is presented in the opinion of the court. Judgment for the plaintiff, and defendant appeals. relied upon Davis v. Burt, et al., 7 Iowa 56; Diltz v. Chambers, 2 G. Greene 479; Peck-ley y. Gleason, 1 Iowa 85; Hodges sí. Hodges, 6 lb. 78; Harmon y. Lee, lb. 171; Converse v. Warner, 4 lb. 158.
Decided 1859-10-13
¶1The original notice was served, by leaving a copy with the wife of each defendant, at their respect-, ive residences; but the return does not show that the defends ants were not found, nor is any cause shown for making the substituted service. Held, That the return was insufficient, and the court erred in rendering judgment against defendants by default. Davis v. Burt. et al, 7 Iowa 56; Chittenden v. Hobbs, et al, infra.
¶2Judgment reversed.