Jack v. D. M. & Ft. D. R. Co.
Supreme Court of Iowa
Appeal from Polk Circuit Cowt. This action was commenced against the railroad company to recover the value of a ear load of wheat consigned to the plaintiffs, which tlie company refused to deliver to them. The consignors of the wheat, Kenworthy & Deaton, intervened, claiming they were interested in the subject-matter of the action, and filed their petition of intervention. To such petition tlie plaintiffs demurred, and moved to strike the same from the files.
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Appeal from Polk Circuit Cowt. This action was commenced against the railroad company to recover the value of a ear load of wheat consigned to the plaintiffs, which tlie company refused to deliver to them. The consignors of the wheat, Kenworthy & Deaton, intervened, claiming they were interested in the subject-matter of the action, and filed their petition of intervention. To such petition tlie plaintiffs demurred, and moved to strike the same from the files. Both were overruled. Thereupon the plaintiffs filed an amendment to their petition, and an answer to the petition of intervention.…
1Opinion of the CourtSeevers, J.
I. The error, if any, in overruling the demurrer. and motion to strike tlie petition of intervention was waived by filing an answer .thereto.
*628i. pleading inconsistent: counts.' II. The plaintiffs, in the petition, sought to recover the value of the wheat on the grounds that it had been consigned to them, was their property, and they had paid the freight thereon. The amended petition, which was filed after the petition of intervention, consisted of two counts. The intervenors were thereby made parties to the action, and the first count made all the allegations of the petition applicable to…
2Cases cited2 opinions
- Pearson v. Milwaukee & St. Paul R. Co.Supreme Court of Iowa · 1877
- Addicken v. SchrubbeSupreme Court of Iowa · 1876
3Cited by10 opinions
- In Re the Estate of FalckSupreme Court of Iowa · 2003
- President of Bowdoin College v. MerrittU.S. Circuit Court for the District of Northern California · 1893
- Foster v. HinsonSupreme Court of Iowa · 1888
- Moffitt v. Chicago Chronicle Co.Supreme Court of Iowa · 1899
- Commercial Electrical Supply Co. v. CurtisCourt of Appeals for the Eighth Circuit · 1923
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