Burlington & Missouri River Railroad v. Marchand
Supreme Court of Iowa
Appeal from the Des Homes District Court. This was a suit to recover upon a subscziption to the capital stock of the Burlington and Missouri River Railroad Company, alleged to have been made by defendant, under the name of G. W. Marchand & Co., to be paid in such instalments as should be called for by the board of directors, not exceeding five per centum per month.
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Appeal from the Des Homes District Court. This was a suit to recover upon a subscziption to the capital stock of the Burlington and Missouri River Railroad Company, alleged to have been made by defendant, under the name of G. W. Marchand & Co., to be paid in such instalments as should be called for by the board of directors, not exceeding five per centum per month. The plaintiffs aver that the whole amount of defendant’s subscription had been called for by them, in instalments of five per centum per month, and was due, of which calls defendant had notice.' The defendant appeared and filed his…
1Opinion of the CourtStockton, J.
We are of opinion, that the district court erred, in holding that the answer was insufficient, and in rendering judgment against the defendant by default, as for want of an answer. It is obvious that by an oversight, or slip of the pen, the defendant uses the word “answer,” instead of the word “petition;” and that the objection made by plaintiffs, was not to the insufficiency arising from this oversight, but to the fact, that the answer is a general, and not a specific, denial of the allegations of the petition, and that such a denial is not sufficient, under section 1742 of the Code. Whether…
2Cases cited1 opinion
- Markey v. MettlerSupreme Court of Iowa · 1855
3Cited by10 opinions
- Collins v. Superior CourtArizona Supreme Court · 1936
- Landwehr v. GilletteCalifornia Supreme Court · 1917
- Sitzer v. FenzloffSupreme Court of Iowa · 1900
- Benítez v. La Corte de Distrito de HumacaoSupreme Court of Puerto Rico · 1927
- Millikan v. BoothSupreme Court of Oklahoma · 1896
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