27 Iowa 269 | Iowa | 1869
But, it was also held, in Anderson v. Kerr, 10 Iowa, 233, that the defect of serving by reading in the presence and hearing of the defendant was cured or made good by a demand of a copy by such defendant, which was given him. The only difference between that case and the one now under consideration is, that the copy was demanded in that case, while in this it was given without demand; the law, in that particular, having been changed. ¥e cannot, without in effect overruling Anderson v. Kerr, hold the service insufficient in this cáse. And, whatever doubts some of the judges may entertain as to that case, they deem this a proper case for the application of the maxim stare decisis. Second, was the defendant entitled to thirty days’ notice to quit ? We think not.
Affirmed.