Fisher v. Scholte
Supreme Court of Iowa
Appeal from, Marion District Court. Action in equity to enjoin the sale and appropriation to private use of certain property alleged to have been dedicated to public use, and in which plaintiffs claim a special interest. A temporary injunction was allowed, which was afterward dissolved on motion. A demurrer to the petition was also sustained; and from this latter ruling the plaintiffs appeal.
1Opinion of the Court
Cole, Ch. J.
The transcript shows that, on the 10 th day of March, 1869, the defendant filed her demurrer to the plaintiff’s amended and substituted petition; and that, also, on the same day she filed her sworn answer to the same pleading; and that on the 17th day of March the •demurrer was sustained. The demurrer and answer are both in the transcript, hnd each extends to the entire pleading or petition. Under our code of practice “ the defendant may demur to one or more of the several causes of action alleged in the petition, and answer as to the residue.” Rev. § 2879. This clearly implies…
2Cases cited7 opinions
- Livingston v. StorySupreme Court of the United States · 1835
- Bibend v. KreutzCalifornia Supreme Court · 1862
- Rowe v. ChandlerCalifornia Supreme Court · 1850
- Spellman v. WeiderNew York Supreme Court · 1850
- Clark v. PhelpsNew York Court of Chancery · 1822
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3Cited by5 opinions
- Reynolds v. LincolnCalifornia Supreme Court · 1886
- Bliss v. WatsonSupreme Court of Iowa · 1929
- Poole v. PutensenSupreme Court of Iowa · 1979
- Interstate Business Men's Accident Ass'n v. Estate of NicholsSupreme Court of Iowa · 1931
- Westphal, Hinds & Co. v. HenneySupreme Court of Iowa · 1878