Levi v. Monroe
Supreme Court of Iowa
Appeal from Jones District Courl. The plaintiff sues the defendant on several promissory notes, amounting in the aggregate to one thousand and ninety-four dollars. The service on the defendant was defective. He waived this by appearing on the first day of the term and filing a plea denying his indebtedness to plaintiff, and also informally setting up a claim by way of set-off for a large amount of grain, which he had before that time sold and delivered to plaintiff.
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Appeal from Jones District Courl. The plaintiff sues the defendant on several promissory notes, amounting in the aggregate to one thousand and ninety-four dollars. The service on the defendant was defective. He waived this by appearing on the first day of the term and filing a plea denying his indebtedness to plaintiff, and also informally setting up a claim by way of set-off for a large amount of grain, which he had before that time sold and delivered to plaintiff. On the next day after this, the plaintiff asked and obtained a judgment for the whole amount of his claim by default, and the…
1Opinion of the CourtLowe, C. J.
Upon the authority of following cases, the "above error is well assigned: The Canal Bank of Cleveland v. Newberry, 7 Iowa 5; Burlington and Missouri River Railroad Company v. Marchand, 5 Ib. 468; Sample & Griffith, Ib. 378.
Reversed.
2Cited by2 opinions
- Crafts v. ClarkSupreme Court of Iowa · 1870
- Millikan v. BoothSupreme Court of Oklahoma · 1896