Rawson v. Guiberson
Supreme Court of Iowa
Appeal from the Polk District Court. This was an action to recover the amount of two , promissory notes, made by defendants to plaintiffs. The defendants pleaded in abatement, another action pending in the Warren district court, upon the same promises set forth in the petition in this suit.
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Appeal from the Polk District Court. This was an action to recover the amount of two , promissory notes, made by defendants to plaintiffs. The defendants pleaded in abatement, another action pending in the Warren district court, upon the same promises set forth in the petition in this suit. Replication, denying that there was any such record as that set up and relied upon by defendants in their plea; and further, that the said cause pending in the Warren district court, was withdrawn prior to the commencement of the present action. Defendants rejoined, denying the allegations contained in the…
1Opinion of the Court
Wrigi-it, C. J.-
— Plaintiffs have suggested some objections to the sufficiency of the plea in abatement, which relate more to its form than substance. No such objections were made, however, in the court below, and we will not therefore consider them.
It is also urged, that under the Code all technical forms of actions and .pleadings are abolished; that a plea in abatement, is a technical plea; that all pleas must be, in the nature of pleas, in bar ; that this was not such, but presented an immaterial issue; and therefore, should have *509been overruled. In this position, we cannot concur. While…
2Cases cited2 opinions
- Baltzell v. NoslerSupreme Court of Iowa · 1855
- Conrad & Co. v. BaldwinSupreme Court of Iowa · 1856
3Cited by1 opinion
- Rush v. FrostSupreme Court of Iowa · 1878