64 Iowa 678 | Iowa | 1884
It is provided in section 2581 of tbe Code that *c when, by its terms, a written contract is to be
We think the statute authorizes an action to be brought against non-residents of the county only in cases where the liability arises upon some written instrument signed by the defendant in the action. The case of Corbett v. Waterman, 11 Iowa, 86, and other eases cited by appellee, which hold that a purchaser of mortgaged property may bind himself by an agreement to pay the mortgage debt, and that such agreement may be enforced by the mortgagee, do not determine the question now under.discussion. This is purely a personal action, and the question as to the liability of Hiram Wheeler is not involved in this inquiry. In our opinion, the motion to change the place of trial should have been sustained.
Reversed.