City of Muscatine v. Keokuk Northern Line Packet Co.
Supreme Court of Iowa
Appeal from Muscati/ne Circuit Court. The petition in this case'claims of defendant $554 for wharfage fees due to the plaintiff by virtue of an ordinance of the city. It is averred that the defendant was the -owner of a number of steamboats which landed at the wharf of plaintiff, and that by section four of said ordinance the defendant became liable to pay plaintiff the sum of five dollars for each landing.
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Appeal from Muscati/ne Circuit Court. The petition in this case'claims of defendant $554 for wharfage fees due to the plaintiff by virtue of an ordinance of the city. It is averred that the defendant was the -owner of a number of steamboats which landed at the wharf of plaintiff, and that by section four of said ordinance the defendant became liable to pay plaintiff the sum of five dollars for each landing. Sections one, four and five, of said ordinance were set out in the petition. The defendant demurred to the petition. The demurrer was sustained. Plaintiff appeals.
1Opinion of the CourtRothkock, J.
1. practice : overfwaiver. There is a disagreement in the abstracts as to the condition of the record in the court below, which has caused us no little perplexity. It is claimed by appelle.e that the plaintiff waived its right to appeal from the ruling on the demurrer, because after said ruling was made it pleaded over by amending its petition. Appellant contends that when the ruling was made the petition contained two counts, the first claiming a right to recover under the ordinance, and the second to recover for the reasonable value of the use of the wharf, independent of the ordinance; and…
2Cited by2 opinions
- Krause v. LloydSupreme Court of Iowa · 1897
- Scholl v. Brad Street Co.Supreme Court of Iowa · 1892