Sigler v. Woods
Supreme Court of Iowa
Error to the Van Burén District Court. ' ThiS was an action of assumpsit brought by summons, returnable to the March term, 1846, of the Yan Burén District Court. The declaration contains a special count, and three common counts, to which a copy of the demand sued upon is appended.
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Error to the Van Burén District Court. ' ThiS was an action of assumpsit brought by summons, returnable to the March term, 1846, of the Yan Burén District Court. The declaration contains a special count, and three common counts, to which a copy of the demand sued upon is appended. The transcript shows the following facts: that at the September term, 1846, leave was given to the plaintiff to amend his declaration, by filling' blanks therein; that on the day following this leave, a general demurrer to the declaration was filed; that the cause was continued by successive continuances, without…
1Opinion of the CourtIsbell, J.
It is obvious that these several assignments, except tbe third, resolve. themselves into the question, whether tbe silence of the record as to what disposition was made of the demurrer, and also its silence whether a plea was filed, save only, that the jury was sworn to try the issue joined, will justify this court in concluding that there was error in the court below; it appearing that the parties appeared and proceeded to trial, and it not appearing that any objection was made below, or any attempt to arrest the judgment, or to correct the error, if it in fact existed; or that it was in any…
2Cases cited1 opinion
- Carlisle v. DavisSupreme Court of Alabama · 1844
3Cited by1 opinion
- Wilson v. FullerSupreme Court of Kansas · 1872