Koboliska v. Swehla
Supreme Court of Iowa
Appeal from Howard District Gourt. — Hon. L. E. Fellows, Judge. Ti-ie plaintiff alleged in his petition that he and the defendant together purchased the east half of lot 4 in block 29 in Oresco, and took a deed thereto in their names, under which, they hold title and possession; that the consideration therefor was one thousand eight hundred dollars, of which five hundred dollars was paid in cash, and a note for the remaining one thousand three hundred dollars and a mortgage…
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Appeal from Howard District Gourt. — Hon. L. E. Fellows, Judge. Ti-ie plaintiff alleged in his petition that he and the defendant together purchased the east half of lot 4 in block 29 in Oresco, and took a deed thereto in their names, under which, they hold title and possession; that the consideration therefor was one thousand eight hundred dollars, of which five hundred dollars was paid in cash, and a note for the remaining one thousand three hundred dollars and a mortgage on said property, securing the same, executed by them jointly; that said note became due September 1, 1894, whereupon…
1Opinion of the CourtLadd, J.
1 The appellee insists that, by filing the amendment to the petition, the appellant waived the error, if any, of the court in sustaining the first demurrer. Doubtless a motion to strike the part of the amenment to which the second demurrer was interposed, if filed, would have been sustained, because it simply repeated the allegations of the petition already held -insufficient. The defendant, instead of availing himself of that remedy, however, filed another demurrer in substantially the same language, and from the ruling on this the appeal was taken. If there was any'waiver, the appellee, by…
2Cases cited8 opinions
- Leach v. HallSupreme Court of Iowa · 1895
- Newbold v. SmartSupreme Court of Alabama · 1880
- Fallon v. ChidesterSupreme Court of Iowa · 1877
- Titsworth v. StoutIllinois Supreme Court · 1868
- Sears v. SellewSupreme Court of Iowa · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Rippe v. BadgerSupreme Court of Iowa · 1904
- Miller v. KramerSupreme Court of Iowa · 1910
- Clark Bros. v. WatsonSupreme Court of Iowa · 1916
- Davis v. DavisSupreme Court of Iowa · 1918