Hintrager v. Sumbargo
Supreme Court of Iowa
Appeal from Delaware Girouit Oourt. The defendant John Harper brought an action at law against the plaintiff, which was tried before a jury in February, 1877. There was a verdict for Harper, and a motion of the defendant therein for a new trial was overruled in October, 1878, and judgment rendered on the verdict. The plaintiff herein brought an action at law against defendants, which also was tried before a jury, who rendered a verdict in favor of the defendants.
Read the full summary
Appeal from Delaware Girouit Oourt. The defendant John Harper brought an action at law against the plaintiff, which was tried before a jury in February, 1877. There was a verdict for Harper, and a motion of the defendant therein for a new trial was overruled in October, 1878, and judgment rendered on the verdict. The plaintiff herein brought an action at law against defendants, which also was tried before a jury, who rendered a verdict in favor of the defendants. A motion for a new trial, filed by the plaintiff, was also overruled in October, 1878. This action was commenced in March, 1879,…
1Opinion of the CourtServers, J.
i. practice in courtu?citaractet of aetion. I. The only ground of demurrer interposed to the petition was, “ That the facts * * * do not entitle the plaintiff to the relief demanded.” It is insisted by counsel for the appellant that this . . L x is an action at law, under g § 3154 and 3155 of the Code, for a new trial and this being so the demurrer is *605too general, should have been disregarded, and was, therefore, erroneously sustained. If this is an action at law the point made is well taken. Code, § 2649.
The action is not named in the petition. The prayer for relief is that “ the defendants…
2Cited by11 opinions
- Wood v. WoodSupreme Court of Iowa · 1907
- Kwentsky v. SirovySupreme Court of Iowa · 1909
- Johnson, Lane & Co. v. Nash-Wright Co.Supreme Court of Iowa · 1903
- Yocum v. TaylorSupreme Court of Iowa · 1917
- Sweitzer ex rel. Sweitzer v. FisherSupreme Court of Iowa · 1915
6 more not listed; retrieve them via the Exa API.