Sherman v. Hale
Supreme Court of Iowa
Appeal from Buchanan District Court. — IIon. P. J. Lenehan, Judge. Action on a promissory note. The, defendant pleaded payment in part, and one of the defendants set set-up a counter-claim. A demurrer to the counter-claim wkS' sustained. There was a trial by jury, and a verdict and’judgment for plaintiff. Defendants appeal.
1Opinion of the CourtRothrock, J.
— The defendants admitted the execution of the note. The counter-claim was pleaded by Julia A. Hale alone. It consisted of an, account for boarding the plaintiff’s intestate and her son. The account amounted to five hundred dollars. The demurrer was as follows: “Plaintiff demurs to the cause of action set up in the counter-claim for the following reasons: (1) It does not constitute a cause of action arising out of the contract or transaction set forth in the petition, nor is it connected, with the subject of the action. (2) Because it does not constitute a. cause of action in, favor of both…
2Cases cited2 opinions
- McAfferty v. HaleSupreme Court of Iowa · 1868
- Allen v. MaddoxSupreme Court of Iowa · 1874
3Cited by4 opinions
- Mereness v. First National BankSupreme Court of Iowa · 1900
- Rice v. Friend Bros.Supreme Court of Iowa · 1917
- Schmidt v. PosnerSupreme Court of Iowa · 1906
- Shaw v. IoergerSupreme Court of Iowa · 1927