Legal Opinion

Ford v. Jefferson County

Supreme Court of Iowa

Decided July 1, 1857PublishedCited by 1 opinion

Appeal from the Keokuk District Court Ford filed with the county judge, arc account against Jefferson county, the items of which are set down,, amounting to' fifteen thousand and one hundred and eighteen dollars and thirty-seven cents. The whole of the claim was rejected, and the plaintiff appealed.

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Appeal from the Keokuk District Court Ford filed with the county judge, arc account against Jefferson county, the items of which are set down,, amounting to' fifteen thousand and one hundred and eighteen dollars and thirty-seven cents. The whole of the claim was rejected, and the plaintiff appealed. On the filing of the appeal in the District Court, the defendant county filed an answer, embracing a set-ofij with their bill of particulars, amounting to twenty thousand and fifty-nine dollars and twenty-nine cents. The answer also sets up a settlement and payment, and pleads a former…

1Opinion of the Court

Woodward, J.[1]

The error assigned relates to the

refusal to strike from the files, the paper called an answer. The question is, whether in this,, and similar cases, any *567pleadings can be made in tbe District Court, after appeal. Tbe commonly received doctrine, and .one which has been recognized by this court, is, that unliquidated claims against a county must be presented to the county judge for allowance; and if rejected, the claimant must appeal, and cannot commence an action in the ordinary manner. Can a pleading be' filed, or can the defendant answer in such cases, after appeal ?

It is…

2Cited by1 opinion

  1. Ruddick v. VailSupreme Court of Iowa · 1858

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