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SEC. 2608. The plaintiff may set forth in the notice the gen- Notice of no eral object of the action, a brief description of the property R.2822. personal claim 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.

R. 2 2823.

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. 51, 1732. 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- | 7–261.

en by his affi lavit: Moss v. Blinn,

made.

SEC. 2610. 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 no action shall be brought against any county on any unliquidated R. 2824. demand, until the same has been presented to such board and C. 51, 1726. payment demanded.

Whether service upon the chairman | that must be presented to the board: of the board, made outside of his Sanford v. Le Co., 49-148. county, would confer jurisdiction, Gross v. Sioux County, 2 (U. S. C. C.), 509.

If the credit r presents his demand to the board, and it is not allowed after a reasonable time, he may bring action. It is not necessary that the fact of the refusal to allow the claim should appear from the records of the board. They cannot defeat the claim by a failure to take action: White . Polk Co., 17-413. The creditor is not obliged to appeal from the action of the board in refusing to allow his claim: Armstrong v. Tama Co., 34309. It is only unliquidated demands

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Held, that the action under § 1358 for relief furnished by one county to a pauper having a residence in another, could not be maintained until the claims had been presented, etc., to the board of the latter as here contemplated: County of Cerro Gc do v. County of Wright, 50–439.

The statute of limitations commences to run as against an unliquidated claim against a county, from the time it accrues, and not from the time it is presented to the board: Baker r. Johnson Co., 33-151; Kinsey v. Louisa Co., 37–438.

ON CORPORATIONS.

9 G. A. ch. 93.

railway corpo

SEC. 2611. If the action is against any corporation, or person How served en owning or operating any railway, telegraph line, canal, stages, rations. coaches, or cars, or any express company, service may be made C 51,1727. 14 G. A. ch. 95, 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.

R. 22824.

13 G. A. ch. 157,

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.1, 1726 other corporation, on any trustee or officer thereof, or on any agent 15. employed in general management of its business, or on any of the last known or acting officers of said corporation, 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 provided in other cases.

["On" in the third line of this section, between "corporation" 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.]

Agents: serv

ie on.
K. 2 2827.

C. '51, ¿ 1705.

Minors: how
served.

R. 2 2828.
C. '51, 1705.

Insane.

R. 2829.

C. '51, 1729.

asylum.

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 in all actions, without regard to the place where brought. The provisions of this section are not limited, as are those of the section following: Contennial, etc., Ass'n v. Walker, 50-75. Service upon the treasurer of an ir dependent school district is a good service upon the district: Kennedy

A notice in a garnishment proceed ing directed to A. B., Mayor of lowa City: C. D., Recorder of Iowa City, and E. F., Treasurer of lowa City, held, not to give the court any jurisdiction of the city, the notice not being directed to, nor served upon such persons as officers: Claflin v. 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 | company whose business is to solicit and forward risks and whose residence is in the county, is sufficient to con stitute service upon th company. It is not necessary that he should be a

general agent, have an office, or transact all business of the company in the county: Farmer's Ins. Co., v. Highsmith, 44–330.

As to service on insurance companies see § 1144.

MINORS INSANE-PRISONERS.

SEC. 2614. When the defendant is a minor under the age of fourteen years, the service must be made on him, and also on his father, or mother, or guardian, and if there be none of these within 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|r. Saylor, 14-435. The judgment of father, mother, or guardian, it should a court 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 attacked 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 tc be of unsound mind, or who is confined in any state lunatic asylum, service may be made upon him and upon his guardian, and 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 confined in state lunatic in any state lunatic asylum, the superintendent thereof shall G. A. ch. 109, acknowledge service of the same for such person, whenever, ir 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 deemed a personal one on the defendant.

8 60.

Prisoner in penitentiary. R. 2 2830.

SEC. 2617. When the defendant is a prisoner in the penitentiary, a copy of the petition must be delivered to the prisoner at 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 defend- tions and ant within this state, in either of the following cases:

1. In actions brought for the recovery of real property, or an estate or interest therein;

2 In an action for the partition of real 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 specific 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 way;

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;

S. Where the action is for a divorce, if the defendant is a non-resident of the state of Iowa, or his residence is unknown. Where an action is commenced as for an attachment on service by publication, but no property is attached, or garnishee charged, a judgment rendered thereon is void: Cooper v. Smith, 25-269.

Service by publication upon a nonresident minor is to be made in the same manner as upon an adult, and when the service is so made, the court will have authority to appoint a guardian ad litem, under § 2567: Judd v. Mosely, 30-423.

In an action for divorce, upon service by publication, an order as to alimony may be made: Harshberger v. Harshberger, 26-503; and see notes to $ 2599.

Where, in an action by attachment against a non-resident defendant, publication of notice was completed before the petition was filed, or the writ of attachment issued, held, that there was no authority to serve by publication until after action was

fully brought by filing a petition, etc.,
and that the service of the notice be-
fore that time did not confer jurisdic-
tion: Billings v. Kothe, 49-34; but
this case overruled, and held not es
sential to the jurisdiction in such case
that petition should have been filed
before publication: Foster v. Hen-
derson, 54-220, (on rehearing). (But
now see 18th G. A., ch. 124, inserted
following § 2620.)

Jurisdiction through service by
publication is only acquired by com-
pliance with the statute authorizing
such service and judgments in such
cases stand upon the same footing as
those of courts of limited jurisdiction:
Bradley v. Jameson, 46-68.

Where jurisdiction is acquired only by service by publication, presumption as to the fact of publication will not be in lulged to support it: Miller v. Corbin, 46-159.

Under the Code of 1851 providing

when made.
R. 2831 28.12.
C. '51, 1725.

How made.

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2833.

that default should not be entered
against a defendant served by pub-
lication until proof was made that a
copy of the petition and notice had
been mailed to his address, held, that
judgment by default without such
proof was void, and that the fact
that such proof was made should ap-
pear of record, and would not be pre-
sumed: Broghill v. Lash, 3 Gr. 357.
Also, held, that a judgment so ren-
dered might be attacked collaterally,
and evidence introduced to show that
such copy was not sent, although the
decree recited that it appeared to the
court that defendant had been served
with notice as required by law: Mc-
Gahen v. Carr, 6-331. Also, held,
that a sale under an attachment pro-
ceeding in which there was such a de-
fect in the service, was void, and that
the judgment could not be made valid
by supplementing defects in the serv-

ice and proofs after the default was rendered: Hodson n. Tibbets, 16-97. See, also, notes to § 2620.

Under 6th G. A., ch. 249, held, that the affidavit required as a basis for an order for publication was essential to confer jurisd ction and must appear of record, and that a defect in that respect would not be cured by presumption of regularity: Bardsley v. Hines, 33-157; also, held, that a statement in the affidavit that defendant was not a resident of the state was sufficient proof that “defendant could not be found within the state' (as required by that statute): Byrne v. Roberts, 31-319.

An objection to the sufficiency of the service of notice can be made only by the parties as to whom the service is claimed to be defective: Semple v. Lee, 13-304.

SEC. 2619. The publication must be made by publishing the notice required in section two thousand five hundred and ninetych. 165, nine of this chapter, four consecutive weeks in some newspaper 15 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. Wood, 32-469.

It would seem that the publication of the notice in a paper published in the county, but printed in another county, would not be good, unless

For similar provision as to the right of plaintiff to select paper for publication, see $ 3832.

The paper for publication of notice on unknown defendants is to be selected 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 personally served within the county in which the petition is filed, on the day of the last publication. Proof thereof being made by the affidavit of the publisher, or his foreman, and filed before de9G. A. ch. 174, fault is taken.

to appear:
proof of publi-
cation.

R. 2834.
C. 51, 1732.

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The provision that proof of publi- [ A judgment upon service 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, 49–

174.

[Eighteenth General Assembly, Chapter 124.]

lication before

SEC. 1. In all cases where an action has been begun in any Service by pulof the courts of record of this state, by serving the original no- filing of petition 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.

L r. Kelley, 47-3307.

R. 2835.

SEC. 2621. Actual personal service of the notice, either within Actual service. or without the state, supersedes the necessity of publication. Actual personal service without the | 27-465; Darrance v. Preston, 18–396; state, upon a person not a resident or citizen of the state, merely stands in the place of notice by publication, and does not confer jurisdiction to render a personal judgment: Weil r. Lowenthal, 10-575; Butes v. C. & N. W. R. Co., 19-260; Hakes v. Shupe, |

To authorize personal service without the state it is not necessary to file an affidavit that such service cannot be made within the state as in case of publication ($2618): Miller v. Davison, 31-435.

UNKNOWN DEFENDANTS.

ments of.

SEC. 2622. In actions where it shall be necessary to make an Petition veri unknown person defendant, the petition shall be sworn to, and fied: stateshall state what interest such person has or claims to have, how R. ¿ 2836. 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:

prove notice.

SEC. 2623. The court shall approve a notice collected from the Court to apaverments of the petition, which notice shall contain the name of R. 2837. the plaintiff, a description of the property, and all the allegations of the petition concerning 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. 2624. The court, on its approval of said notice, shall en- Make order of dorse the same thereon, and order that the said notice be pub- k. 2838. publication. lished in some newspaper of this state, designating such paper as shall be most likely to give notice to such unknown person.

what time pab

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 R. 2889. said time service shall be deemed complete, and such unknown person in court at the next term thereafter.

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