McClintock v. Crick
Supreme Court of Iowa
Appeal from, the Jefferson District Court. ' This was an action on the case for slanderous words spoken, commenced in October, 1852. At tbe return term, defendant appeared and filed his answer, denying the speaking of the words, as charged in plaintiff’s petition. On the 26th of March, 1855, defendant filed a further answer, to which there was a demurrer, which was sustained. In April, 1857, defendant filed what is termed “ a further and additional answer.”
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Appeal from, the Jefferson District Court. ' This was an action on the case for slanderous words spoken, commenced in October, 1852. At tbe return term, defendant appeared and filed his answer, denying the speaking of the words, as charged in plaintiff’s petition. On the 26th of March, 1855, defendant filed a further answer, to which there was a demurrer, which was sustained. In April, 1857, defendant filed what is termed “ a further and additional answer.” Plaintiff moved to strike this answer from the files, and also demurred to the same, which said - motion and demurrer were sustained, as…
1Opinion of the Court
Weight, G. J.
The answer, filed in April, 1857, sets up some of the same matters of defence as are contained in the one filed in March, 1855. The defendant, in the last answer, attempts to plead these matters in a more logical and definite form; and we need not, therefore, stop to inquire into the sufficiency of these portions of the first answer. By filing the further and additional answer, and thus, in effect, in this case, amending his former pleadings, defendant waived all right to complain of any supposed error in the ruling, made on the first demurrer, so far as that demurrer raised the…
2Cases cited3 opinions
- Larned v. BuffintonMassachusetts Supreme Judicial Court · 1807
- Olmsted v. MillerNew York Supreme Court · 1828
- Iseley v. LovejoyIndiana Supreme Court · 1847
3Cited by13 opinions
- Beardsley v. BridgmanSupreme Court of Iowa · 1864
- Salinger v. CowlesSupreme Court of Iowa · 1922
- Jarnigan v. FlemingMississippi Supreme Court · 1871
- Cain v. OslerSupreme Court of Iowa · 1914
- Miles v. HarringtonSupreme Court of Kansas · 1871
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