Shaffer v. Sundwall
Supreme Court of Iowa
Appeal.from Jackson Circuit Court. The plaintiff filed in the Jackson circuit court a petition claiming of defendants the sum of $357.54, and alleging that: “ On the 6th day of December, 1870, the defendants gave to your petitioner the written order in pencil writing on Mr. Butler, for $152.54 in favor of the plaintiff, which the said Butler did not pay, and oú which there is now due the sum of $147 to the plaintiff.
Read the full summary
Appeal.from Jackson Circuit Court. The plaintiff filed in the Jackson circuit court a petition claiming of defendants the sum of $357.54, and alleging that: “ On the 6th day of December, 1870, the defendants gave to your petitioner the written order in pencil writing on Mr. Butler, for $152.54 in favor of the plaintiff, which the said Butler did not pay, and oú which there is now due the sum of $147 to the plaintiff. Second, plaintiff further says that the defendants are indebted to him in the further sum of $200 on an account to plaintiff assigned by William O’Marrah, which was due and owing…
1Opinion of the CourtDay, J.
I. It is claimed that there is no affidavit of
verification;. that the petition is not sworn to as the law requires; and that the certificate is insufficient under section 2913 of the Revision. Way v. Lamb, 15 Iowa, 82. If it should be conceded that all these defects exist, still there was no error in the action of the court directing an amendment in these respects. That the petition was sworn to is clearly established. The defect urged is not that the petition was not verified, but that it was not verified strictly in the manner required by law. The objection goes to form rather than to…
2Cases cited4 opinions
- Way v. LambSupreme Court of Iowa · 1863
- Langworthy v. WatersSupreme Court of Iowa · 1861
- Sherrill v. FaySupreme Court of Iowa · 1862
- Wadsworth & Wells v. CheeneySupreme Court of Iowa · 1862
3Cited by5 opinions
- Murdough v. McPherrinSupreme Court of Iowa · 1878
- Fletcher & Son v. GordonSupreme Court of Iowa · 1935
- Starkey v. LunzOregon Supreme Court · 1910
- Magoon v. GillettSupreme Court of Iowa · 1880
- Southwestern Settlement & Development Co. v. RandolphCourt of Appeals of Texas · 1922