Mather v. Butler County
Supreme Court of Iowa
Appeal from BlackhawJc District Court. This suit was originally brought in the county of Butler, and was afterwards taken by change of venue to the county of Blackhawk. The Court sustained a demurrer by defendant to the the plaintiff’s amended petition, and rendered judgment against the plaintiff for costs, from which he appeals. The facts are sufficiently stated in the opinion. cited 1 Tan Sant. PI. (2d ed.), pp. 798-803; Bev., 1860, §§2972-2977; 1 Barb.
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Appeal from BlackhawJc District Court. This suit was originally brought in the county of Butler, and was afterwards taken by change of venue to the county of Blackhawk. The Court sustained a demurrer by defendant to the the plaintiff’s amended petition, and rendered judgment against the plaintiff for costs, from which he appeals. The facts are sufficiently stated in the opinion. cited 1 Tan Sant. PI. (2d ed.), pp. 798-803; Bev., 1860, §§2972-2977; 1 Barb. Ch Pr., 120; 1 Whitt. N. Y. Pr., 348; IChitt. PL, 264.
1Opinion of the CourtCole, J.
The original petition in this case was filed July 3, 1861, claiming one thousand dollars, balance due on a written contract, for the furnishing materials and doing the carpenter and joiner work in and about the erection of a court house for the defendant. The notice was served on the same day. To this petition there was a general denial by defendant. On the 15th day of July, 1862, the plaintiff filed an amended petition, claiming the same amount as in his original petition, and alleging that there was a second contract for other work oil the court house, *60whicb had been performed and paid for,…
2Cited by2 opinions
- Sachra v. Town of ManillaSupreme Court of Iowa · 1903
- State ex rel. Floyd v. Mayor of KeokukSupreme Court of Iowa · 1865