Newfield v. Blawn
Supreme Court of Iowa
Appeal from Des Moines District Court. This action was commenced December 12,-186-2, and is ’ brought-to recover for boarding, clothing and otherwise-providing for the infant son of defendant, at bis request, &c., from the 19th of January, 1855, until the month of June, 1857. The petition contains an allegation-that the-“cause of action still justly subsists, and did -justly subsist at the time of the commencement of this suit, as plaintiff can and will make appear and prove…
Read the full summary
Appeal from Des Moines District Court. This action was commenced December 12,-186-2, and is ’ brought-to recover for boarding, clothing and otherwise-providing for the infant son of defendant, at bis request, &c., from the 19th of January, 1855, until the month of June, 1857. The petition contains an allegation-that the-“cause of action still justly subsists, and did -justly subsist at the time of the commencement of this suit, as plaintiff can and will make appear and prove by defendant’s- testi-. mony at the trial of the suit." Defendant .demurred, alleging that the petition showed…
1Opinion of the CourtWright, C. J.
The third subdivision of § 2740 (Bev.), provides that actions founded on unwritten eon tracts-may be brought within live years after their causes accrue,' and *298not afterwards, except when otherwise specially declared. But in such cases, the said “limitation shall not apply, if, from the answer of the defendant, or from his testimony as a witness, it appears affirmatively that the cause of action still justly subsists.” (§ 2742.) And then it is declared by § 2961, that “ when a pleading shows affirmatively, that its cause of claim is barred by the statute of limitations, it may be assailed by…
2Cited by3 opinions
- Babcock v. MeekSupreme Court of Iowa · 1876
- Jones v. BrunskillSupreme Court of Iowa · 1864
- Howells v. PattonSupreme Court of Iowa · 1869