Moore v. Ross
Supreme Court of Iowa
Error to Desmoines. This was an action of replevin brought by Ross against Moore, for the unjust detention of a lot of hops, two hundred and fifty pounds, of the value of $500. The defendant demurred to the plaintiff’s declaration, specially, first, because there was a variance between the writ and the declaration, the writ being in the delinet and the declaration in the delinuet, and the return of the writ not showing replegiari faci.
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Error to Desmoines. This was an action of replevin brought by Ross against Moore, for the unjust detention of a lot of hops, two hundred and fifty pounds, of the value of $500. The defendant demurred to the plaintiff’s declaration, specially, first, because there was a variance between the writ and the declaration, the writ being in the delinet and the declaration in the delinuet, and the return of the writ not showing replegiari faci. Second the property sought to be replevied not being sufficiently described.— Third, there being no sufficient venue. Fourth, that said declaration charged the…
1Opinion of the Court
Per Curiam,
Mason, Chief Justice.
We will first consider the subject of the demurrer filed in the court below. We think that by pleading over the defendant waived his objections to the overruling of the demurrer. See 1 Scam’s, Reports, 222, 310, 281 & 471. This rule will not prevent a review and correction of such errors as are vital and which can be reached by a writ of error, without the filing of any demurrer. But for formal defects we think it will be better to eompel¿the parties to stand to their demurrers or waive their objections.
But the point which seems to be most confidently relied…
2Cited by2 opinions
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