Allen v. Newberry
Supreme Court of Iowa
Appeal from the Dubuque District Court. This action was commenced in October, 1857. The-' cause of action is four promissory notes, upon which plain-' tiff claims the sum of five thousand dollars. The answer was filed November 4, 1857, and admits the execution of the notes. It denies, first, that the sum demanded is due from defendant to plaintiff; second, “denies that plaintiff holds against him any such notes as are described in his petition and third, avers payment.
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Appeal from the Dubuque District Court. This action was commenced in October, 1857. The-' cause of action is four promissory notes, upon which plain-' tiff claims the sum of five thousand dollars. The answer was filed November 4, 1857, and admits the execution of the notes. It denies, first, that the sum demanded is due from defendant to plaintiff; second, “denies that plaintiff holds against him any such notes as are described in his petition and third, avers payment. After -the-commencement of the action, and before answer, there was filed with the papers, the following instrument in…
1Opinion of the Court
Wright, C. J".
The pleadings in a case, unless the con*69trary appears, make up the issue, writh reference to the right of the plaintiff to recover, at the time he commenced his action. If a matter of defense arises after the commencement of the action, it'cannot be pleaded in bar of the action generally ; but if it arises before plea or continuance, it must be pleaded as to the further maintenance of the suit. If after plea pleaded, and before replication, or after issue joined, then_£>ms darri&n contimiance. This was the rule at common law, and the principle is not changed by our practice. 1…
2Cases cited1 opinion
- Jackson ex dem. Colden v. RichNew York Supreme Court · 1810
3Cited by12 opinions
- Conyngham v. SmithSupreme Court of Iowa · 1864
- Proctor v. BaldwinIndiana Supreme Court · 1882
- Archibald v. Midwest Paper Stock CompanySupreme Court of Iowa · 1968
- Williams v. Hutton & Bourbonnais Co.Supreme Court of North Carolina · 1913
- Richardson v. Clark Bros.Supreme Court of Iowa · 1927
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