Bracken v. McAlvey
Supreme Court of Iowa
Appeal from, Tama District Court. — Hon. L. Gr. Kinne, Judge. The plaintiff brings this action upon a promissory note dated December 15,' 1875, due fifteen months after date, and payable “ at First National Bank of Tama City, Iowa.” The petition was filed' March 19, 1887. The defendant demurred on the ground that the petition showed that the cause of action did not accrue at any time within ten years next prior to the commencement of this action.
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Appeal from, Tama District Court. — Hon. L. Gr. Kinne, Judge. The plaintiff brings this action upon a promissory note dated December 15,' 1875, due fifteen months after date, and payable “ at First National Bank of Tama City, Iowa.” The petition was filed' March 19, 1887. The defendant demurred on the ground that the petition showed that the cause of action did not accrue at any time within ten years next prior to the commencement of this action. It was stipulated that in the consideration of the demurrer “the following facts shall be considered by the court, which, for said purposes, are…
1Opinion of the CourtGiven, J.
We have no argument or brief from the appellee. The question disclosed by the record is whether this action was commenced at the time the original notice was delivered to the sheriff, or not until the filing of the petition. If the former, then the action is not barred; and if the latter, then it is. The note is payable in Tama county; therefore, the action might properly be brought in that county; but the query remains, whether, in such case, the defendant being a resident of and served in another county, the delivery of the notice to the sheriff of Tama county was a commencement of the…
2Cases cited1 opinion
- Hampe v. SchafferSupreme Court of Iowa · 1889
3Cited by2 opinions
- Larson v. AllenOregon Supreme Court · 1963
- Metropolitan Life Insurance v. ArmstrongIndiana Court of Appeals · 1932