McKellar v. Stout
Supreme Court of Iowa
Appeal from Dubuque City Court. Action to subject the property of the defendant to the satisfaction of a judgment, against the Dubuque Times Company, a corporation in which he was a stockholder. The defendant demurred to the petition for causes stated in the opinion of the court. The demurrer was sustained, and the plaintiff appeals.
1Opinion of the CourtBaldwin, C. J.
The Revision, § 2877, provides that the defendant may demur to the petition only when it appears on its face, either:
First, that the court had no jurisdiction of the defendant or of the subject of the action, or
' Second, that the plaintiff has no legal capacity to sue, or
Third, that the petition does not state facts sufficient to constitute a cause of action, &c. Section 2877 provides that the demurrer must distinctly specify, and consecutively number, as the ground of objection, some matter of error intended to be argued as a defect in the pleading. Unless it do so, it shall be disregarded,…
2Cited by3 opinions
- McKellar v. StoutSupreme Court of Iowa · 1862
- McLaughlin v. BascombSupreme Court of Iowa · 1873
- Piper v. NewcomerSupreme Court of Iowa · 1868