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--- — Sec. 2008. ne plaintiff may set forth in the notice the gen- Notice of no eral object of the action, a brief description of the property R
R. 28:22. affected by it, and that no personal claim is made against any C. '51, 1721. defendant, naming him, and if such defendant unreasonably defends he must pay costs.
SEC. 2609. If service be made within the state, the truth of Return: how the return is proven by the signature of the sheriff, or his deputy, proven. and the court shall take judicial notice thereof. If made without C. '31, 2 173.2. the state, or by one not such officer within the state, the return may be proven by the affidavit of him making the same.
Service by a constable may be prov: 1 7-261. en by his affi lavit: Moss v. Blinn,
Ser. 2010. If a county is defendant, service may be made on Service on the chairman of the board of supervisors or county auditor. But county: how
made. no action shall be brought against any county on any unliquidated R.2 9824. demand, until the same has been presented to such board and C 31, 1726
1 9 G. A.'ch.s. payment demanded.
Whether service upon the chairman that must be presented to the board: of the board, made outside of his Sumford v. Lep Co., 49–148. county, would confer juristliction, Heli, that the action under $ 1358 quunre: Gross v. Sioux County, 2 for relief furnished by one county to Dillon (C. S.C. C.), -09.
a pauper having a residence in anIf the credit r presents his demand other, could not be maintained until to the board, and it is not allowed the claims had been presented, etc., after a reasonable time, he may bring to the board of the latter as here conaction. It is not necessary that the templated: County of Cerro GC do fact of the refusal to allow the claim iv. County of Wright, 50-439. should appear from the records of the The statute of limitations comboard. They cannot defeat the claim mences to run as against an unliquiby a failure to take action: White dated claim against a county, from 0. Polk Co., 17-113. The creditor is the time it accrues, and not from the not obliged to appeal from the action time it is presented to the board : of the board in refusing to allow his Baker v. Johnson Co., 33-151: Kinclaim: Armstrong v. Tama Co., 34–sey v. Louisa Co., 37-438. 309. it is only unliquidatet demands
SEX. 2611. If the action is against any corporation, or person How served on
railway corpo owning or operating any railway, telegraph line, canal, stages, rutions coaches, or cars, or any express company, service may be made C. '51, 1727
14 G. A. ch. , upon any general agent of such corporation, or person, wherever 4. found, or upon any station, ticket, or other agent of such corporation, or person transacting the business thereof in the county where the suit is brought; if there is no such agent in said county, then service may be had upon an agent thereof transacting said business in any other county.
SEC. 2612. When the action is against a municipal corporation, On municipal. service may be made on the mayor or clerk, and if against any c. 61, 1724 other corporation, on any trustee or officer thereof, or on any agent ... ch. Lui, emploved in general management of its business, or on any of the last koun or acting officers of said corpération, and if no person can be found on whom service can be made as provided in this and the preceding section, service may be made by publication as proviled in other cases.
[** On” in the third line of this section, between “corporativn" and "any'' is " or " in the printed Code, but the Code Commissioners' report, and the evident meaning of the section show that it should be as here given.]
Service upon an agent employed in | v. Ind. Sch. Dist. of Derby Grange the general management of the busi- 48–189. ness of a corporation may be made A notice in a garnishment proceed in all actions, without regard to the ing directed to A. B., Mayor of lowa place where brought. The provisions City: C. D., Recorder of lowa City, of this section are not limited, as are and E. F., Triasurer of Iowa City, those of the section following: C.1- held, not to give the court any juris. tenniai, etc., Ass'n e. Walker, 50–75. diction of the city, the notice not
Service upon the treasurer of an ir- | being direct d to, nor served upon dependent school district is a good such persons as officers: Claflin v. service upon the district: Kennedy Iowa City, 12–284. . SEC. 2613. When a corporation, company, or individual, has, for the transaction of any business, an office or agency in any county other than that in which the principal resides, service may be made on any agent or clerk employed in such office or agency, in all actions growing out of or connected with the business of that office or agency.
Service on an agent of an insurance | general agent, have an office, or transcompany whose business is to solicit act all business of the company in and forward risks and whose residence the county: Farmer's Ins. Co., v. is in the county, is sufficient to con Highsmith, 44-330. stitute service upon th company. It! As to ser ice on insurance compais not necessary that he should be a nies see § 1144.
SEC. 2614. When the defendant is a minor under the age of Misors: how fourteen years, the service must be made on him, and also on his server R.22528 father, or mother, or guardian, and if there be none of these withC. 51, $ 1705.
in the state, then on the person within this state having the care and control of such minor, or with whom he shall reside, or in whose service he shall be employed. When the minor is over fourteen years of age, service on him shall be sufficient.
Where the service is not upon the lv. Saylor, 14-435. The judgment of father, mother, or guardian, it sh uld a curt as to the sufficiency of such appear from the return that neither notice can only be questioned on apfather or mother is within the state, peal, and cannot be at acked collatand that there is no guardian on eraly: Tharp v. Brenneman, 41whom service could be made: Allan 251.
SEC. 2615. When a defendant has been judicially declared to Insane. be of unsound mind, or who is confined in any state lunatic asy. R? 2829.
lum, service may be made upon him and upon his guardian, and C. '51, 8 1729
if he have no guardian, then upon his wife or the person having the care of him, or with whom he lives, or the keeper of the asylum in which he may be confined.
SEC. 2616. When it becomes necessary to serve personally When confined with a notice or process of any kind, a person who is confinec in state lunat
tic in any state lunatic asylum, the superintendent thereof shall asylum. 13 . A. ch. 109, acknowledge service of the same for such person, whenever, ir. 20.
the opinion of such superintendent, personal service would in juriously affect such person, which fact shall be stated in the ac knowledgment of service. A service thus made shall be deemec a personal one on the defendant.
Sec. 2017. When the defendant is a prisoner in the penitenPrisoner in penitentiary. tiary, a copy of the petition must be delivered to the prisoner at R. 2 2830.
the time the notice is served, and a copy of the notice must be
delivered to the husband or wife of the defendant, if any such there be within this state.
SERVICE BY PUBLICATION.
Sec. 2618. Service may be made by publication, when an affi- In what acdavit is filed that personal service cannot be made on the deten l- tions iind
when mole ant within this state, in either of the following cases:
R. 28. 1. 2. 2.
C. '51, 172), 1. In actions brought for the recovery of real property, or an Co estate or interest therein ;
2 In an action for the partition of r’al property;
3. In an action for the sale of real property under a mortgage, lien, or other encumbrance or charge;
4. In actions to compel the specitic performance of a contract of sale of real estate, or in actions to establish or set aside a will, where, in such cases, any or all of the defendants reside out of this state and the real property is within this state;
5. In actions brought against a non-resident of this state or a foreign corporation, having in this state property or debts owing to such defendant sought to be taken by any of the provisional remedies, or to be appropriated in any wav;
6. In actions which relate to, or the subject of which is real or personal property in this state, when any defendant has, or claims, a lien or interest, actual or contingent therein, or the relief demanded consists wholly, or partly, in excluding him from any interest therein, and such defendant is a non-resident of this state, or a foreign corporation ;
7. In all actions where the defendant being a resident of the state has departed therefrom, or from the county of his residence with intent to delay or defraud his creditors, or to avoid the service of a notice, or keeps himself concealed therein with like intent;
8. Where the action is for a divorce, if the defendant is a non-resident of the state of Jowil, or his residence is unknown,
Where an action is commenced as fully brought by filing a petition, etc., for an attachment on service by pub- and that the service of the notice belication, but no property is attached, fore that time did not confer jurisilieor garnishee chargid, a judgment tion: Billings v. Kothe, 49-34; but rendered thereon is void: Cooper 1). this case overruled, and held not esSmith, 25–269.
sential to the jurisdiction in such case Service by publication upon a non- that petition should have been filed resident minor is to be made in the before publication: Foster v. llensame manner as upon an adult, and derson, 54-220, (on rehearing). (But when the service is so made, the court now see 18th G. A., ch. 124, inserteci will have authority to appoint a following $ 2620.) guardian ad litem, under $ 2567: Judd Jurisdiction through service by 1. Mosely, 30–423.
publication is only acquired by comIn an action for divorce, upon ser- pliance with the statute authorizing vice by publication, an order as to al such service and judgments in such imony may be made: Harshberger v. cases stand upon the same footing as Harshberger, 26-303; and see notes those of courts of limited jurisdiction: to $ 2599.
Bradley 1. Jameson, 46-68. Where, in an action by attachment! Where jurisdiction is acquired only against a non-resident defendant, by service by publication, presumption publication of notice was completed as to the fact of publication will not before the petition was filed, or the be in lulged to support it: Miller v. writ of atiachment issued, held, that Corbin, 46-15). there was no authority to serve by Under the Code of 1851 providing publication until after action was
that default should not be entered ice and proofs after the default was
Sec. 2619. The publication must be made by publishing the llow made. notice required in section two thousand five hundred and ninety1: ? 2833. 12 G. A. ch. 165
Pich 165 nine of this chapter, four consecutive weeks in some newspaper is G. A. ch. 142. printed in the county where the petition is filed, and if there be
none printed in such county, then in such paper printed at the next nearest county of this state, which paper shall in either case be determined by the plaintiff or his attorney.
Under 6 G. A., ch. 240, which pro- | there was no paper printed in the vided that the notice should be pub- | county, and the county in which the lished for a time not less than " once paper was printed was the next neara week for four consecutive weeks." est county: Cooke v. Tallman, 40held, that the notice was completed 133. at the last publication: Banta v. For similar provision as to the right Woodl, 32-169.
| of plaintiff to select paper for publicaIt would seem that the publication tion, see $ 3832. of the notice in a paper published in The paper for publication of notice the county, but printed in another on unknown defendants is to be secounty, would not be good, unless I lected by the court: $ 2624.
SEC. 2620. When the foregoing provisions have been complied Defendant held with, the defendant so notified shall be required to appear as if to appear: mi personally served within the county in which the petition is filed, mation,
on the day of the last publication. Proof thereof being made by R. 831.
-22 the affidavit of the publisher, or his foreman, and filed before deC. 31, 2 1732 6. A. ch. 174, fault is taken.
The provision that proof of publi-1 A judgment upon servic? by publication shall be made by affidavit of cation cannot be attacked in a collatthe publisher or foreman, is only ap- eral proceeding for mere insufficiency plicable to publication of original no- in the notice or service, if the court tices in the actions specified in this has held it sufficient: Gregg v. chapter. In other cases proof of pub-Thompson, 17-107; and see cases lication may be made by any one cited under $ 2604; but see, also, notes having knowledge of the fact. (See to $ 2618. § 3697): Farrell v. Leighton, 49174.
proof of publi
[Eighteenth General Assembly, Chapter 124.) Sec. 1. In all cases where an action has been begun in any service by puilo of the courts of record of this state, by serving the original no- lii
filing of petiin tice by publication as by law provided, and said publication of legalized. the original notice has been begun or completed prior to the time of the filing of the petition in the cause, that in each and all said cases the court in which said cause or action is pending, shall be deemed to have acquired as full and complete jurisdiction thereof as though said petition had been on file at the time said publication of the original notice therein was begun, or at the time the affidavit provided for in section two thousand six hundred and eighteen of the code of 1873, was filed, and the service of the orignal notice in all said causes, shall be deemed a full compliance with said section two thousand six hundred and eighteen, and sections two thousand six hundred and nineteen, two thousand six hundred and twenty and two thousand six hundred and twenty-one of the code of 1873. Sec. 2621. Actual personal service of the notice, either within A
R. 2 2835. or without the state, supersedes the necessity of publication.
Actual personal service without the / 27–46.); Darrance r. Preston, 18-396; state, upon a person not a resident or Li '-7. Kelley, 47–307. citizen of the state, merels stands in To authorize personal service withthe place of notice by publication, out the state it is not necessary to file and does not confer jurisdiction to an affidavit that such service cannot render a personal judgment: Weil r. be made within the state as in case of Lovrnthal, 10-570; Butes v. C. & N. publication ($2618): Miller v. DariW. R. Co., 19-260; Hukes v. Shupe, son, 31-13).
UNKNOWN DEFENDANTS. Sec. 2622. In actions where it shall be necessary to make an Petition reri unknown person deiendant, the petition shall be sworn to, and fie: stateshail state what interest such person has or claims to have, how R. 2-836. the same was derived or is claimed to have been derived, as exactly as possible, that the name and residence or such person is unknown to plaintiff, and that he had sought diligently to learn the same, and thereon proceedings may be had against such person without naming him, as follows: SEC. 2623. The court shall approve a notice collected from the Court to ap
prove notice, averments of the petition, which notice shall contain the name of R.228:37. the plaintiff, a description of the property, and all the allegations of the petition coucerning the interest of the unknown person, and the mode of devolution thereof, the relief demanded, also the name of the court and the term at which appearance must be made. Said notice must be entitled in the full name of the plaintiff against the unknown claimants of property, and shall be signed by the plaintiff's attorney. SEC. 2621. The court, on its approval of said notice, shall en- Make order of
publication. dorse the same thereon, and order that the siid notice be pub- R. 2 2808. lished in some newspaper of this state, designating such paper as shall be most likely to give notice to such unknown person,
SEC. 2625. Such notice shall be filed in the cause, and its How, and for. contents, without more, shall be published in the paper designat- lished." ed, at least, weekly, for six successive weeks, and at the end of K. ¢ 2839. said time service shall be deemed complete, and such unknown person in court at the next term thereafter.
what time pitb