Legal Opinion

Clark v. Stevens

Supreme Court of Iowa

Decided December 16, 1880PublishedCited by 7 opinions

Appeal from Buchanan Qircwit Gowrt. Action upon a promissory note. A demurrer to tbe petition was overruled, and, defendant electing to stand upon bis demurrer, judgment was rendered for plaintiffs; defendant appeals. Tbe further facts of tbe case appear in the opinion.

1Opinion of the CourtBeck, J.

1. PRACTICE : stHufeofiiinnations. I. Tbe promissory note sued upon matured December 1, 1869. This action was commenced by tbe service of a notice and tbe filing of tbe petition Jan- ° 1 " uai7 29, 1880. Tbe original petition alleges «on 28th day of November, 1879, plaintiff commenced suit upon tbe note, delivered tbe original notice to tbe sheriff * * * * with instructions to serve it immediately; tbat in the notice it was stated tbat tbe petition would be filed January 1, 1880; tbat tbe petition was accidentally mislaid, and was not actually filed until tbe 13th of January, 1880; tbat…

2Cited by7 opinions

  1. Pardey v. Inc. Town of MechanicsvilleSupreme Court of Iowa · 1897
  2. Ryan v. Phoenix InsuranceSupreme Court of Iowa · 1927
  3. Wickham & Northrop v. GreenSupreme Court of Virginia · 1910
  4. Conley v. DuganSupreme Court of Iowa · 1898
  5. Rotch v. Humboldt CollegeSupreme Court of Iowa · 1893

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