O'Banion v. De Garmo
Supreme Court of Iowa
Appeal -from Harrison District Court. — HoN. W. JR. GkebNE, Judge. The plaintiff filed a petition December 26, 1900, in which she alleged that on the 3d day of January, 1899, her husband obtained at the saloon of the defendant De Garmo intoxicating liquors which contributed to "his intoxication, on account of which he was killed by a train of cars; that in September, 1898, said De Garmo filed with the county auditor a bond, with the other defendants as sureties, conditioned…
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Appeal -from Harrison District Court. — HoN. W. JR. GkebNE, Judge. The plaintiff filed a petition December 26, 1900, in which she alleged that on the 3d day of January, 1899, her husband obtained at the saloon of the defendant De Garmo intoxicating liquors which contributed to "his intoxication, on account of which he was killed by a train of cars; that in September, 1898, said De Garmo filed with the county auditor a bond, with the other defendants as sureties, conditioned for the payment of all damages resulting from the sale of intoxicating liquors upon lot 11 in block 18 of Logan, Iowa.…
1Opinion of the CourtLadd, J.
*141i. action on amendment: limitation of action. *140The petition was based on a bond describing the premises at which the sales of intoxicating liquors to *141plaintiff's husband were made as lot 11 in block 18. The amendment averred that such sales occurred at another place, namely, lot 13 of the same block, and sought recovery on a second bond so describing the premises. The sales occurred January 3, 1899, in a building on lot 13, and this amendment was filed September 12, 1901, more than two years after the alleged wrong. Two questions arise: (1) Did the amendment set up an entirely new cause of…
2Cases cited5 opinions
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