Merrill v. Gamble
Supreme Court of Iowa
Appeal from Marion Circuit Court. Action at law. A demurrer to the answer of defendant to plaintiff’s petition was sustained. Defendant electing to stand upon his answer, judgment was entered against him upon the demurrer. He now appeals to this court.
1Opinion of the CourtBeck, J.
As the case was determined in the court below upon the pleadings, it is necessary that their averments be stated with particularity in order to present the questions which we are called upon to decide.
The petition presents the following allegations as grounds of recovery: “That on or about the first day of January, 1875, the Albia, Knoxville & Des Moines Railroad Company was a corporation duly organized under the laws of Iowa with power to construct and operate a railroad from Albia, via. Knoxville, to the city of Des Moines; that on or about March 20th, 1875, for the purpose of aiding in the…
2Cited by3 opinions
- Kampman v. TarverTexas Supreme Court · 1895
- Laredo Imp. Co. v. StevensonCourt of Appeals for the Eighth Circuit · 1895
- Merrill v. ReaverSupreme Court of Iowa · 1879