Thoeni v. City of Dubuque
Supreme Court of Iowa
Appeal from Dubuque District Court. — Hon. M. C. Mat- . thews, Judge. Action at law begun July 13, 1898, to- recover damages alleged to have been occasioned to' plaintiff’s property by change in grade of street made in .August, 1896. Demurrer to petition having been overruled, defendant appeals.
1Opinion of the CourtWeaver, J.
The grounds of the demurrer to petition are stated as follows: (1) That plaintiff’s cause of action is based on on unliquidated claim' which accrued in the year 1896, and this action, being brought thereon more than three months after the Code of 1897 went into effect, is *484barred by the statute limiting such actions as provided in such Code; (2) that there is no showing that any written, verified statement of the general nature, cause, and amount of plaintiff’s claim was filed with the recorder of the city 30 days before the commencement of the suit.
1' 2 Prior to the Code of 1897, actions upon…
2Cases cited4 opinions
- New York & Oswego Midland Railroad v. Van HornNew York Court of Appeals · 1874
- Gilbert v. . AckermanNew York Court of Appeals · 1899
- Murray v. GibsonSupreme Court of the United States · 1854
- Kennedy v. City of Des MoinesSupreme Court of Iowa · 1891
3Cited by13 opinions
- Ft. Dodge Electric Light & Power Co. v. City of Ft. DodgeSupreme Court of Iowa · 1902
- Magnolia Petroleum Co. v. WatkinsSupreme Court of Oklahoma · 1936
- Miller v. FallonSupreme Judicial Court of Maine · 1936
- Thorp v. Casey's General Stores, Inc.Supreme Court of Iowa · 1989
- Hinrichs v. Davenport Locomotive WorksSupreme Court of Iowa · 1927
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