Fink v. Mohn
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. J. H. Pre ton, Judge. The plaintiff filed her petition in equity, to which the defendants ■demurred upon the grounds, among others, that the petition shows on its face that the plaintiff is not entitled to the relief demanded, nor to any relief; that it shows that John Fink, the deceased, made no false representation as to any existing fact to induce the plaintiff to sign the deed; and that it shows that the plaintiff's claim, if she…
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Appeal from Linn District Court. — Hon. J. H. Pre ton, Judge. The plaintiff filed her petition in equity, to which the defendants ■demurred upon the grounds, among others, that the petition shows on its face that the plaintiff is not entitled to the relief demanded, nor to any relief; that it shows that John Fink, the deceased, made no false representation as to any existing fact to induce the plaintiff to sign the deed; and that it shows that the plaintiff's claim, if she ever had one, is barred by the statute of limitations. The demurrer was sustained on these grounds, to which plaintiff…
1Opinion of the CourtGiven, J.
The appellees move to strike the appellant’s abstract and argument because no errors had been assigned or pointed out, and because no argument has been made by appellant on any errors assigned. By referring to Code section 2742, it will be seen that it is only “in equitable actions, wherein issue of fact is joined,” that the ease is triable anew in this court. The case is not before us on issues of fact, fornone were ever joined. The appeal is from a ruling on the defendants’ demurrer to the plaintiff’s petition. In Powers v. O’Brien County, 54 Iowa, 501, and Patterson v. Jack, 59 Iowa, 632,…
2Cases cited2 opinions
- Powers v. County of O'BrienSupreme Court of Iowa · 1880
- Patterson v. JackSupreme Court of Iowa · 1882
3Cited by8 opinions
- Lessenich v. SellersSupreme Court of Iowa · 1903
- Scott v. HawkSupreme Court of Iowa · 1898
- Smith v. WellslagerSupreme Court of Iowa · 1898
- Barnes v. Century Savings BankSupreme Court of Iowa · 1910
- Estate of Culver v. MorrowSupreme Court of Iowa · 1911
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