Budlong v. Cottrell
Supreme Court of Iowa
Appeal from Woodbu/ry Circuit Court. Action to recover specific personal property, to-wit, certain agricultural implements. Certain of tbe defendants, to-wit, A-rnasa Cottrell and La Bell Wagon Company, demurred to the petition, and the demurrer was sustained. The plaintiffs electing to stand upon their petition, judgment was rendered for the defendants. The plaintiffs appeal.
1Opinion of the CourtAdams, J.
Tbe appellees, Amasa Cottrell and La Bell Wagon Co., demurred to the petition on the ground that the petition states facts which avoid a cause of action as against them. The action is brought against Warren H. Cottrell, Wm. A. Cottrell and James E. Miller, doing business under the firm name of Cottrell Bros. & Miller, and also against the appellees, Amasa Cottrell and La Bell Wagon Co. It is not claimed by the appellees that the petition states facts which- avoid a cause of action as against Cottrell Bros. & Miller, but only as against themselves. Their theory is that the petition shows that…
2Cases cited3 opinions
- Singer Sewing Machine Co. v. HolcombSupreme Court of Iowa · 1874
- Marquette Manufacturing Co. v. JefferyMichigan Supreme Court · 1882
- Mowbray v. CadySupreme Court of Iowa · 1875
3Cited by11 opinions
- Norwegian Plow Co. v. ClarkSupreme Court of Iowa · 1897
- Donnelly v. MitchellSupreme Court of Iowa · 1903
- Wright v. Barnard Bros.Supreme Court of Iowa · 1893
- Gaar, Scott & Co. v. NicholsSupreme Court of Iowa · 1901
- Marvin Safe Co. v. EmanuelNew York Court of Common Pleas · 1888
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