Legal Opinion
Peet v. Fleming
Supreme Court of Iowa
Decided April 3, 1917PublishedCited by 1 opinion
Appeal from • Shenandoah Superior Court. — George H. Castle, Judge. Appeal from an order of tbe Superior Court of Shenandoah overruling a motion to strike a counterclaim.
1Opinion of the CourtEvans, J.
1. JUSTICES OF MB franCscriptpPral: of^consiruc-1* tl0n' This case originated in a ' n Justice eourt. From a judgment for the defendant hi the justice court, the plaintiff appealed to the superior court. In such court, the defendant filed a written answer and counterclaim. The plaintiff filed a motion to strike the counter*759claim, on the ground that it was a new demand and that its filing at such time was in violation of Section 4563, Code, 1897, which provides:
“No new demand or counterclaim can he made upon the appeal, unless by mutual consent.”
The defendant resisted the motion, . on the…
2Cases cited3 opinions
- Brown v. BeesettSupreme Court of Iowa · 1862
- Schaefer v. C. W. Whitman & SonSupreme Court of Iowa · 1910
- Herald Printing Co. v. WalshSupreme Court of Iowa · 1905
3Cited by1 opinion
- Filbert v. DeanSupreme Court of Iowa · 1924