Rush v. Frost
Supreme Court of Iowa
Appeal from Wayne Circuit Coxwt. In April, 1876, the plaintiff brought an action in equity against the defendant, in which he sought to recover on an account for flour sold and delivered. The sheriff and another were also made defendants, and an injunction was asked restraining the foreclosure of a chattel mortgage, and a judgment was asked for the amount due on‘the account, and also to set aside the mortgage and declare it void.
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Appeal from Wayne Circuit Coxwt. In April, 1876, the plaintiff brought an action in equity against the defendant, in which he sought to recover on an account for flour sold and delivered. The sheriff and another were also made defendants, and an injunction was asked restraining the foreclosure of a chattel mortgage, and a judgment was asked for the amount due on‘the account, and also to set aside the mortgage and declare it void. An injunction was granted, but it was, on motion, dissolved. Afterward the present action was commenced on the same account, and the sole relief asked was a judgment…
1Opinion of the CourtSeevers, J.
1. abatement: dismissal of action. Without entering into a discussion of the question whether the matter pleaded would have been sufficient to abate the action under the strict rules that obtained at common law, such will be conceded to be true. We have, then, for determination the question *184whether such rules have any application, or should prevail, under our Code practice.
At common law matter in abatement must have been pleaded before matters in bar of the action. Both could not be pleaded together. But, under the Code, matter in abatement must be set up in the answer in connection with…
2Cases cited1 opinion
- Rawson v. GuibersonSupreme Court of Iowa · 1858
3Cited by5 opinions
- Warder v. HenrySupreme Court of Missouri · 1893
- Sims v. MillerSupreme Court of Arkansas · 1922
- Moorman v. GibbsSupreme Court of Iowa · 1888
- Ball v. Keokuk & Northwestern R'y Co.Supreme Court of Iowa · 1887
- Allstate Insurance v. Redman Homes, Inc.Supreme Court of Arkansas · 1990