Shorick v. Bruce
Supreme Court of Iowa
Appeal from , Cerro Gordo District Court. Plaintiff, as guardian for William T. Wilson, sues for the work and labor of his ward, and his petition contains the following averments: “ That on and between the first day of February, 1858, and the first day of December, 1859, said Wilson did nine months’ labor for defendant, at, &c., for which work and labor defendant verbally contracted with said Wilson, on or about said first of February, 1858, he would pay him the sum of ten…
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Appeal from , Cerro Gordo District Court. Plaintiff, as guardian for William T. Wilson, sues for the work and labor of his ward, and his petition contains the following averments: “ That on and between the first day of February, 1858, and the first day of December, 1859, said Wilson did nine months’ labor for defendant, at, &c., for which work and labor defendant verbally contracted with said Wilson, on or about said first of February, 1858, he would pay him the sum of ten dollars per month; that on and between the first day of January, 1860, and the first day of July, 1860, said Wilson did…
1Opinion of the CourtWright, J.
i. statute mun,er.de" Our statute provides that when a pleading shows affirmatively that its cause of action is barred by the statute of limitations,-it may be assailed by demurrer. § 2961.
Defendant having availed himself of this statute, our opinion is that the demurrer was well taken as to so much of the petition as relates to the work and labor performed in 1858 and 1859, and that it should have been overruled as to that performed in 1860. The action should have been brought within five years after the cause of action accrued. *307As this action was commenced in I860, it is very clear, if…
2Cases cited1 opinion
- Campbell v. LongSupreme Court of Iowa · 1866
3Cited by11 opinions
- Keen v. Mid-Continent Petroleum CorporationDistrict Court, N.D. Iowa · 1945
- Carrier v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1890
- Roelefsen v. City of PellaSupreme Court of Iowa · 1903
- Burns v. MitchellCourt of Appeals of Georgia · 1937
- Collier v. SmaltzSupreme Court of Iowa · 1910
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