Holbert v. St. L., K. C. & N. R'y Co.
Supreme Court of Iowa
Appeal from Davis District Gouct. Tins suit is brought to restrain and enjoin the defendant from running and operating its railroad through and over the lands of the plaintiff, which he alleges the defendant is doing without having made any compensation for the right to do so. The defendant filed an- answer to which plaintiff demurred, which the court overruled, and plaintiff, appeals. :
1Opinion of the Court
Miller, Oh. J.
i. pleading : demurrer. — The only error assigned is the overruling of plaintiff’s demurrer to the answer of defendant. The demurrer is to the entire pleading as a whole. In our opinion the demurrer was properly overruled. When an entire pleading is thus attacked by demurrer, it *316should be overruled if it contains a defense to the action, although some- one or more counts therein is vulnerable to a demurrer. Darr v. Lilley, 11 Iowa, 4; Sample v. Griffith, 5 Id., 376; Zapple v. Rush, 23 Id., 99; Hendershott v. Ping, 24 Id., 134.
2. raikroads. infunction?7‘ The answer before us…
2Cases cited1 opinion
- Darr v. LilleySupreme Court of Iowa · 1860
3Cited by4 opinions
- Gordon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
- Dean v. AtkinsonSupreme Court of Iowa · 1926
- Bernard v. Metropolis Land Co.Nevada Supreme Court · 1916
- Slafter v. Concordia Fire InsuranceSupreme Court of Iowa · 1909