Gwyer v. Figgins
Supreme Court of Iowa
Appeal from Washington District Court. Friday, December 5. ' The plaintiff in his petition alleges that on the 19th day of September, 1872, he recovered in that court a judgment against the defendant George Figgins for the sum of $200.99 with costs and interest; that afterward, on the 12th day of October, 1872, an execution was issued on said judgment, which was on the 15th day of October, 1872, returned nulla bona, and said judgment remains unpaid and in force.
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Appeal from Washington District Court. Friday, December 5. ' The plaintiff in his petition alleges that on the 19th day of September, 1872, he recovered in that court a judgment against the defendant George Figgins for the sum of $200.99 with costs and interest; that afterward, on the 12th day of October, 1872, an execution was issued on said judgment, which was on the 15th day of October, 1872, returned nulla bona, and said judgment remains unpaid and in force. The petition further states that after the creation of the indebtedness on which said judgment was rendered, to wit: on the 8th day…
1Opinion of the CourtMiller, J.
1. pleading. The questions properly before us on the record' in this case arise upon the petition and answer. A replication traversing the affirmative statements ^ ^he answer was filed, but the answer not containing the allegations of set-off, counter-claim, or cross-demand, no reply was required or proper. Revision, § 2895 ; The Davenport Savings Fund Association v. The N. A. Insurance Co., 16 Iowa, 74; Smith v. Milburn, 17 id. 30; Clark v. Cress, 20 id. 50; Savery v. Browning, 18 id. 246; Adams v. Peck, 14 id. 508. So that the filing of the replication did not in any respect affect the…
2Cases cited4 opinions
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