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COMPILED CODE - Iowa Legislature - State of Iowa

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434<br />

§§ 7179-7440. CHANGE OP VENUE. Tit. XXIX, Ch. 11.<br />

CHAPTER 6.<br />

MANNEk OF COMMENCING ACTIONS.<br />

SECTION 7179. By publication.<br />

1 Service may be made by publication, when an affidavit is filed<br />

2 that personal service can not be made on the defendant within this<br />

3 state, in either <strong>of</strong> the following cases :<br />

4 1. In actions brought for the recovery <strong>of</strong> real property, or an<br />

5 estate or interest therein.<br />

6 2. In an action for the partition <strong>of</strong> real property.<br />

7 3. In an action for the sale <strong>of</strong> real property under a mortgage,<br />

8 lien or other incumbrance or charge.<br />

9 4. In actions to compel the specific performance <strong>of</strong> a contract <strong>of</strong><br />

10 sale <strong>of</strong> real estate, or in actions to establish or set aside a will, where<br />

11 in such cases any or all <strong>of</strong> the defendants reside out <strong>of</strong> this state and<br />

12 the real property is within it.<br />

13 5. In actions brought against a nonresident <strong>of</strong> this state, or a<br />

14 foreign corporation, having in the state property or debts owing to<br />

15 such defendant, sought to be taken by any <strong>of</strong> the provisional remedies,<br />

16 or to be appropriated in any way.<br />

17 6. In actions which relate to or the subject <strong>of</strong> which is real or<br />

18 personal property in this state, when any defendant has or claims<br />

19 a lien or interest, actual or contingent, therein, or the relief demanded<br />

20 consists wholly or partly in excluding him from any interest therein,<br />

21 and such defendant is a nonresident <strong>of</strong> the state or a foreign cor-<br />

22 poration.<br />

23 7. In all actions where the defendant, being a resident <strong>of</strong> the<br />

24 state, has departed therefrom, or from the county <strong>of</strong> his residence,<br />

25 with intent to delay or defraud his creditors, or to avoid the service<br />

26 <strong>of</strong> a notice, or keeps himself concealed therein with like intent.<br />

27 8. Where the action is for a divorce, if the defendant is a non-<br />

28 resident <strong>of</strong> the state, or his residence is unknown.<br />

29 9. Where the action is an action to quiet title to real estate if the<br />

30 defendant is a nonresident <strong>of</strong> the state, or his residence is unknown.<br />

31 10. Where the action is for the annulment <strong>of</strong> an illegal marriage,<br />

32 if the defendant is a nonresident <strong>of</strong> the state, or his residence is un-<br />

33 known.<br />

34 11. In actions or proceedings by an executor, administrator, or<br />

35 guardian to sell or mortgage the real property belonging to the estate<br />

36 <strong>of</strong> a decedent, or to a ward, as the case may be.<br />

[C, '51, § 1725 ; R„ '60, §§ 2831, 2832 ; C, '73, § 2618 ; C, '97,<br />

§ 3534 ; S., '13, § 3534 ; 39 G. A., ch. 263, § 1.]<br />

CHAPTER 11.<br />

CHANGE OF VENUE.<br />

SECTION 7440. Jury fees.<br />

1 Where the place <strong>of</strong> trial in any civil or criminal action is changed<br />

2 to any county other than that in which the same was properly com-

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