Coakley v. McCarty
Supreme Court of Iowa
Appeal from, Madison Circuit Court. This action is brought to recover of the defendants the value of certain promissory notes, which she alleges were wrongfully and fraudulently obtained by the defendants from her possession, and by them converted to their own use.
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Appeal from, Madison Circuit Court. This action is brought to recover of the defendants the value of certain promissory notes, which she alleges were wrongfully and fraudulently obtained by the defendants from her possession, and by them converted to their own use. Defendants filed a motion for a more specific statemenfc of plaintiff’s cause of action, which, was in part sustained, and the petition amended so as to comply with the ruling on the motion. 'Defendants excepted to the ruling of the court on the motion, in that it was not sustained in full. A joint answer of all the defendants was…
1Opinion of the CourtMiller, J.
1 Practice: waiver of error. I. The first error assigned is the overruling of the defendant’s motion for a more specific statement of the factss constituting the plaintiff’s cause of action.
This error, if any there was, was waived by the defendant answering the petition and going to trial thereon. Snell v. Hancock, 11 Iowa, 117; County of Mahaska v. Ingalls, 16 id. 81; State v. Klingman, 14 id. 404; Franklin v. Twogood, 18 id. 515; Wilcox v. McCune, 21 id. 294. These cases hold that answering after a demurrer is overruled waives the demurrer. The same consequence follows when defendant…
2Cases cited2 opinions
- Berryhill v. JacobsSupreme Court of Iowa · 1866
- Snell v. HancockSupreme Court of Iowa · 1860
3Cited by16 opinions
- Dorman v. Credit Reference & Reporting Co.Supreme Court of Iowa · 1932
- Mann v. TaylorSupreme Court of Iowa · 1889
- Randolf v. Town of BloomfieldSupreme Court of Iowa · 1889
- Heiman v. FelderSupreme Court of Iowa · 1916
- Smith v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1921
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