Clark v. Stevens
Supreme Court of Iowa
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…
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