Coates v. Galena & Chicago Union Railroad
Supreme Court of Iowa
Appeal from Marshall District Court. Plaintiff seeks to recover double tbe value of two steers killed by. defendant. Before the justice, be recovered for the full amount of bis claim; and on appeal to the District Court, there was a similar verdict. Defendant moved no arrest, beeause the pleadings did not show tbe capacity iji whieh it was sued, whether as a corporation, copartnership, or other artificial person.
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Appeal from Marshall District Court. Plaintiff seeks to recover double tbe value of two steers killed by. defendant. Before the justice, be recovered for the full amount of bis claim; and on appeal to the District Court, there was a similar verdict. Defendant moved no arrest, beeause the pleadings did not show tbe capacity iji whieh it was sued, whether as a corporation, copartnership, or other artificial person. Plaintiff there^ upon bad leave to, and did, amend his petition, averring the corporate capacity, and introduced evidence tending to establish the same. Defendant demurred to this…
1Opinion of the Court
Wright, Ch. J.
1. Practice: objection to pleading: waiver. 2. - motion for new trial. We agree with plaintiff, that the objection to the petition should have been taken before trial. Inasmuch, however, as he voluntarily' asked leave to, and did amend, he must be held to the eage ag ma(j6) an(j js not entitled to retrace his steps and insist that such amendment was unnecessary. Nor, on the other hand, are we prepared to agree with defendant, that plaintiff should have moved for . _ . _ a new trial, m order to be beard upon the mam point made in this court. There was a verdict (or the finding of…
2Cases cited2 opinions
- Jones v. IrelandSupreme Court of Iowa · 1856
- Hardin v. SnyderSupreme Court of Iowa · 1863
3Cited by2 opinions
- Halferty v. WilmeringSupreme Court of the United States · 1885
- Fries v. Acme White Lead & Color WorksAlabama Court of Appeals · 1921