Plummer v. Roads
Supreme Court of Iowa
Appeal from the Jasper District Court. The plaintiff, as the husband of Eliza B. Plummer, claims of defendant the sum of $270, principal and interest, and for cause of such claim, states that the defendant, in pursuance of the will of Zur Combs, deceased, undertook and promised to pay tbe plaintiff one hundred and forty dollars, as set forth in said will; and that the claim has been on interest for fifteen years, and remains unpaid.
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Appeal from the Jasper District Court. The plaintiff, as the husband of Eliza B. Plummer, claims of defendant the sum of $270, principal and interest, and for cause of such claim, states that the defendant, in pursuance of the will of Zur Combs, deceased, undertook and promised to pay tbe plaintiff one hundred and forty dollars, as set forth in said will; and that the claim has been on interest for fifteen years, and remains unpaid. Defendant appeared to the suit, and -answered, denying any indebtedness or promise to pay, as alleged in the petition. There is also a plea of payment, and of the…
1Opinion of the CourtStockton, J.
I. The demurrer was waived by the subsequent answer of defendant. If a party desires to have this court review the decision of the District Court, in sustaining or overruling a demurrer, he must suffer judgment in chief to be rendered in that court on the demurrer. Taking a bill of exceptions will not raise any question for the adjudication of this court, if the demurrer has been waived by pleading over.
II. The third assignment of - errors is upon the refusal of the District Court to suppress the deposition of Jacob H. Combs, taken on the part of the plaintiff. The reasons urged in favor of…
2Cited by6 opinions
- State v. CrossSupreme Court of Iowa · 1885
- Wapello State Savings Bank v. ColtonSupreme Court of Iowa · 1909
- Hull & Co. v. AlexanderSupreme Court of Iowa · 1869
- Village of Hempstead v. SeymourNew York Supreme Court · 1901
- Jones v. SmithSupreme Court of Iowa · 1858
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