Jarvis v. Worick
Supreme Court of Iowa
Appeal from Mahaska District Court. Where there are several counts in a petition, and a demurrer to the whole petition, the demurrer will be overruled if one count presents a complete cause of action. Marten v. Williams, 13 John. 269; Chit. PI. 703; Gochran v. Scott, 3 Wend. 229; 12 lb. 165; 1 Blackf. 260; 3 lb. 167; Monell v. Golden, 13 Johns. 401; 3 Caines 81; Gorn-well v. Gould, 4 Pick. 446; Bahery. Sanderson, 3 lb. 353.
1Opinion of the CourtStogktoN, J.
Suit upon a promissory note for $1032.29, due July 1st, 1858. The first and second counts of the petition allege that the note was given for the balance due on a purchase of certain real estate, made by defendant of plaintiff, and pray judgment for the amount due on the note, and that the interest of defendant in the land may be sold to satisfy the judgment. The third count contained only the usual prayer for judgment on the note, without any averment that the same was given for real estate, and without any prayer for the sale of defendant’s interest to satisfy the judgment.
There was a…
2Cited by3 opinions
- Detroit Tug & Wrecking Co. v. GartnerMichigan Supreme Court · 1889
- Hine v. K. & D. M. R.Supreme Court of Iowa · 1876
- McCracken v. StateNevada Supreme Court · 1917