Hueston v. Preferred Accident Insurance
Supreme Court of Iowa
Appeal from Lee District Gowt. — W. S. Hamilton, Judge. Suit on a policy of insurance. A demurrer that suit is prematurely brought was sustained. So was an amendment to the demurrer, asserting that the suit is brought top late. Plaintiff appeals.
1Opinion of the CourtSalinger, J.
1. Actions: commencement: petition without service. I. The original petition was filed on the 14th of April, 1915. On April 16, 1915, plaintiff served original notice on an alleged agent of the defendant’s. The trial court held, on demurrer, that plaintiff had brought liis action prematurely. If the filing of the petition on April 14, 1915, or the service of notice two days later, or both, began suit as early as April 16, 1915, then the suit was premature.
The defendant entered a special appearance on May 10, 1915-, and therein challenged the jurisdiction of the court, on the ground that the…
2Cases cited58 opinions
- Phoenix Lumber Co. v. Houston Water Co.Texas Supreme Court · 1901
- Terry v. . MungerNew York Court of Appeals · 1890
- Kearney Milling & Elevator Co. v. Union Pacific Railway Co.Supreme Court of Iowa · 1896
- Knight v. Moline, East Moline & Watertown Railway Co.Supreme Court of Iowa · 1913
- Gordon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
53 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Green v. Phoenix InsuranceSupreme Court of Iowa · 1934
- Reinertson v. StruthersSupreme Court of Iowa · 1926
- Rosin v. Northwestern States Portland Cement Co.Supreme Court of Iowa · 1961
- Sioux Falls Broadcasting Ass'n v. Henry Field Co.Supreme Court of Iowa · 1938
- Emeny v. Farmers Elevator Co.Supreme Court of Iowa · 1922
5 more not listed; retrieve them via the Exa API.