Westphal, Hinds & Co. v. Henney
Supreme Court of Iowa
Appeal from Dubuque District Cowrt. The petition sets forth in substance that plaintiffs recovered a judgment against the defendant Thomas Henney; that execution was issued thereon, and that no property was found upon which to levy the same; that on the 18th day of January, 1876, the said Thomas Henney entered into a partnership with Jacob and Peter Klauer for the purpose of carrying on the stove and tin-ware business, and that the articles of copartnership were drawn in the…
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Appeal from Dubuque District Cowrt. The petition sets forth in substance that plaintiffs recovered a judgment against the defendant Thomas Henney; that execution was issued thereon, and that no property was found upon which to levy the same; that on the 18th day of January, 1876, the said Thomas Henney entered into a partnership with Jacob and Peter Klauer for the purpose of carrying on the stove and tin-ware business, and that the articles of copartnership were drawn in the name of the said Elizabeth Henney, wife of said Thomas Henney, and that he put a large amount of property into said…
1Opinion of the Court
Rothrock, Ch. J.
i. parties: partnership: husband and wife. I. That there was a defect of parties defendant is too, plain for argument or discussion. How the interest of the defendants in the partnership could be judicially ascertained, without the presence of all the members of the firm, is beyond our comprehension.
s. pleading: denuuTer. II. Although the overruling of the demurrer was erroneous, yet the defendants, by answering over to the merits of ^61 petition, have waived their right to appeal from the ruling upon the demurrer. This has been so often determined by this court that a…
2Cases cited1 opinion
- Fisher v. ScholteSupreme Court of Iowa · 1870
3Cited by2 opinions
- Territory ex rel. Baca v. BacaNew Mexico Supreme Court · 1913
- Manwell v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1894