
    Van Vark v. Van Dam.
    1. Original notice: name of term. An original notice must name the term at which the defendant is required to appear. Rev. 1860, § 2812; Branch, of the State Bcmk v. Van et al, 12 Iowa, 523.
    2. Appearance : waiver. An appearance by a defendant waives any defect in the original notice.
    3. Practice: motion in court below. The Supreme Court will not reverse a cause because of defective notice, when the appellant has not called the attention of the court below to such defect.
    
      Appeal from Marion District Court.
    
    Saturday, December 6.
    Foreclosure of a mortgage. The original notice requires the defendants to “ appear and answer, on or before noon of the second day of the next term of said District Court. The defendant appeared by counsel, but filed no answer. Judgment and decree by default, and the defendant appeals.
    
      Seevers & Williams for the appellant,
    cited Des Moines Branch ■ of the State Bank v. Van et al., 12 Iowa, 528; § 2840, Rev., 1860.
    
      
      Gasady & Pollc for tbe appellee,
    cited Pigman v. Denney et al., 12 Iowa, 396; McKinley v. JBetchtell, 12 Iowa, 561; Bellv. Pierson, Mor., 21; Hotchkiss v. Thompson, Mor., 156; Houston v. Walcott & Go., 1 Iowa, 86; Voorhies & Go. v. Ewbank, 6 Id., 274; Graves v." CWe, 2 Gr. Greene, 467; Winchester v. Cb», 3 Id., 575.
   Baldwin, C. J.

Tbe original notice, served upon tbe defendant, was clearly defective in not stating tbe term at wbicb be was required to appear. See Code, § 2812; Branch State Bank v. Van et al., 12 Iowa, 523.

Tbe record, however, shows that when tbe cause was submitted, tbe defendant appeared by bis attorney, but failed to file an answer, and judgment was rendered by default. This appearance waived tbe defective service.

Again, tbe defendant, under tbe provision of § 3548 .of tbe Revision, should have moved for tbe correction of this error in tbe District Court. See Pigman v. Denney, 12 Iowa, 396; McKinley v. Betchtell, Id., 561; Bethel v. Leay, infra.

Affirmed.  