Emmert v. Grill
Supreme Court of Iowa
Appeal from Clinton, District Court. On the 23d day of October, 1873, the plaintiff commenced this action to recover damages from the defendant, alleging that in the summer of 1870 the defendant was the keeper of a saloon in the old town of DeWitt, Clinton county, Iowa, where he kept intoxicating liquors for sale in violation of the law, and, at divers times during the year 1870, did sell said intoxicating liquors to John Emmert, who was then and there the husband of…
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Appeal from Clinton, District Court. On the 23d day of October, 1873, the plaintiff commenced this action to recover damages from the defendant, alleging that in the summer of 1870 the defendant was the keeper of a saloon in the old town of DeWitt, Clinton county, Iowa, where he kept intoxicating liquors for sale in violation of the law, and, at divers times during the year 1870, did sell said intoxicating liquors to John Emmert, who was then and there the husband of plaintiff, whereby she has sustained damages, for which she sues. The defendant demurred to plaintiff’s petition on the ground…
1Opinion of the Court
Miller, Ch. J.
The question for determination is whether, upon the face of the petition, it appears that the action is barred by the statute of limitations. The Revision, section 2740, provides that actions of slander, libel, malicious prosecution, injuries to the person or for a statute penalty, must be brought within two years after their causes accrue, and not afterwards. The language of this provision is somewhat .changed in the Code. It is as follows: “ Actions founded on injuries to the person or reputation, whether based on contract or tort, or for statute penalty, within two years.”…
2Cases cited2 opinions
- Donaldson v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1865
- Sherman v. Western Stage Co.Supreme Court of Iowa · 1867
3Cited by8 opinions
- Schnebly Ex Rel. Schnebly v. BakerSupreme Court of Iowa · 1974
- Clark v. FiggeSupreme Court of Iowa · 1970
- Klingbeil v. SaucermanWisconsin Supreme Court · 1917
- Juarez v. Windsor Rock Products, Inc.Oregon Supreme Court · 2006
- Palmer v. City of Cedar RapidsSupreme Court of Iowa · 1914
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