Davenport Gas Light & Coke Co. v. City of Davenport
Supreme Court of Iowa
Appeal from Scott District Court. ■ Plaintiff appeals from an order sustaining a demurrer to tbe fifth count of the petition; and overruling one to the second plea of defendant. For the substance of the pleadings see the opinion. I. The second plea does not purport to be pleaded to any particular count or counts of the petition, as (if so intended) it is required to do by § 2882 of Revision.
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Appeal from Scott District Court. ■ Plaintiff appeals from an order sustaining a demurrer to tbe fifth count of the petition; and overruling one to the second plea of defendant. For the substance of the pleadings see the opinion. I. The second plea does not purport to be pleaded to any particular count or counts of the petition, as (if so intended) it is required to do by § 2882 of Revision. Hence it is to be treated as pleaded to the whole petition, and if bad as to any one or more counts, is bad in toto. 1 Chit. Plead., 511, 512, 524; Kevins v. Keeler, 6 John., 68 ; Ballet v. Holmes, 18…
1Opinion of the CourtWright, J.
The first count in the petition sets forth' in words the con1tract between the parties, by which plaintiff undertook to furnish gas for the city for a time therein' named, for a specified consideration. The fifth count avers.' that said contract was fully kept and performed by the'1 parties until the 1st day of July, 1858, when the city re-' fused to receive or pay for the gas, and notified plaintiff of such refusal: that in September, 1858, plaintiff brought' suit against the city for gas furnished, notwithstanding such: refusal, in the months of July and August of that year; that while said…
2Cases cited2 opinions
- Davenport Gas Light & Coke Co. v. City of DavenportSupreme Court of Iowa · 1862
- Wooden v. StrewNew York Supreme Court · 1853
3Cited by13 opinions
- Collins v. Gleason Coal Co.Supreme Court of Iowa · 1908
- Robinson & Co. v. BerkeySupreme Court of Iowa · 1896
- Peck v. ParchenSupreme Court of Iowa · 1879
- Herriman v. LaymanSupreme Court of Iowa · 1902
- Ronan v. WilliamsSupreme Court of Iowa · 1875
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