117 Iowa 676 | Iowa | 1902
Although the action on which the judgment was rendered in South Dakota was entitled in the circuit court, the summons required defendant “to answer the complaint of N. W. Eggleston, plaintiff, which will be filed in the office of the clerk of the district court within and for said Brule county, at Chamberlain, Brule Co., S. D., and to serve a copy of your answer to the said complaint on the subscriber at the office in the city of Chamberlain, S. D., in said county and state, within thirty days after the service of this summons, exclusive of the day of service, or the plaintiff will apply to the court for the relief demanded in the complaint, besides costs.” This summons was served on January 9, 1892. The complaint on which judgment was rendered by the circuit court of Brule county was not filed until December 9, 1892, and judgment by default was entered on that day. The provisions of the statutes of South Dakota, set out by plaintiff in his petition, provide, with reference to the summons, ■ that it shall require defendant “to answer the complaint, and serve a copy of his answer on the person whose name , is subscribed to the summons, at a place within the state |- to be therein specified, in which there is a postoffice, within t: 30 days after the service of the summons, exclusive of the
The demurrer was rightly sustained, and the judgment is AEEIRMED. '