189 Iowa 1120 | Iowa | 1920
I. The evidence Avas such as to sustain the finding that defendant was a nonresident, at the time the notice Avas served on the alleged agent. True, his mother and his brother, Albert, made affidavit that defendant had been continuously a resident of Keokuk, except 4 years at Ames, for the 20 years last past,, but both testified, when brought
“I receive mail addressed to George Keppel all the time. I'think George bought that farm. We gave him the money to buy it. By the court: Q. Does George make his home Avith you? A. Yes, sir. Q. He always makes his home with you? A. Yes, sir, when he is in Keokuk. Q. Does his mail all come to you? A. His mail all comes to us. Q. Do you forward it back to Wichita, Texas? A. Yes, sir. Q. All of his mail does come to Keokuk? A. I don’t know how much he gets. * * * He comes every year several times, and stays tAVo or three weeks, or a month. He has always done that.”
She ordinarily retained mail till he came. The old home Avhere mother continued to live undoubtedly was still “home” to defendant, even though he was there but a Aveek or more during the year, and had established his residence elseAvhere. Many years previous, he had become a resident of Oklahoma by settling on a government homestead (Des Moines Sav. Bank v. Kennedy, 142 Iowa 272), and the evidence is insufficient to warrant the conclusion that he has since abandoned his residence in Oklahoma, which is presumed to have continued, and become a resident of this state. See In re Estate of Colton, 129 Iowa 542. That he
“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.”
Albert Keppel testified, when called for cross-examination, that:
“The rent is paid on the property to different ones. Whoever gets the money signs the receipts. I do not sign all the receipts for rent over there. The receipts are signed by different ones, but I guess I sign the majority of them.”
His mother testified:
“I collect rent for him over at West Keokuk, and sign the receipts ‘C. Keppel.’ Sometimes one gets the rent and sometimes another.”