Hayden ex rel. Adams v. Anderson
Supreme Court of Iowa
Appeal from Dubuque District Court. Actioh oh replevin bond. The plaintiff in this suit, by his amended petition sets up that on the 1st day of August, 1859, the defendant Alexander D. Anderson, assignee of Gflackmyer.& McDonald, filed his petition in the clerk’s office of the District Court of Dubuque county, averring that he was the owner, and entitled to the present possession of the property therein described; that the plaintiff herein wrongfully detained it, and asked…
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Appeal from Dubuque District Court. Actioh oh replevin bond. The plaintiff in this suit, by his amended petition sets up that on the 1st day of August, 1859, the defendant Alexander D. Anderson, assignee of Gflackmyer.& McDonald, filed his petition in the clerk’s office of the District Court of Dubuque county, averring that he was the owner, and entitled to the present possession of the property therein described; that the plaintiff herein wrongfully detained it, and asked for a writ of replevin; that the defendants, Alexander D. and "William J. Anderson, executed and delivered a replevin…
1Opinion of the CourtCole, J.
l. Pleas-demurrer, I. A demurrer is proper where a pleading appears on its face, to be defective either in substance or form; it is a declaration that the party demurring will go no further, because the other has not shown sufficient matter against him to require an answer: 1 Chitty on Plead., 661. A demurrer admits the facts pleaded, but controverts their legal sufficiency. A demurrer, then, can only be properly interposed, where the party controverts the legal sufficiency of the matter stated in the entire count or petition. It is not competent to assail a clause, or a sentence, or several…
2Cases cited5 opinions
- Mann v. HoweSupreme Court of Iowa · 1859
- Byington v. WoodsSupreme Court of Iowa · 1862
- Buck v. RhodesSupreme Court of Iowa · 1860
- Hawley v. WarnerSupreme Court of Iowa · 1861
- Keeney v. LyonSupreme Court of Iowa · 1860
3Cited by15 opinions
- Gordon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
- In Re Estate of FerrisSupreme Court of Iowa · 1944
- Union National Bank v. Moline, Milburn & Stoddard Co.North Dakota Supreme Court · 1897
- Hogle v. SmithSupreme Court of Iowa · 1907
- Clark v. CressSupreme Court of Iowa · 1865
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