McCraney Administratrix v. Childs ( 1860 )

Wright, J.

Judgment by default. No proof was made that a copy of the notice and petition was directed to defendants as required by section 1826 of the Code, nor excuse shown for the omission. Upon the authority of Broghill v. Lash, 3 G. Greene 359; Byington v. Crosthwait, 1 Iowa 149; McGahen v. Carr, 6 Ib. 331; Carr v. Kopp, 3 Ib. 80, this proof was requisite. The judgment below as to the appellants is therefore reversed and cause remanded.

Judgment reversed.