Williams v. Niagara Fire Ins.
Supreme Court of Iowa
Appeal from Lee District Court. Action on a policy of insurance against loss or damage by fire. The policy was dated October 18, 1876, and insured the property for one year. The loss occurred on the 4th or 5th day of November, 1876. There was a trial by jury, judgment for plaintiff, and defendant appeals.
1Opinion of the CourtSeevers, J.
_ „ reply. I. The petition was filed in January, 1877, and the defendant required to plead thereto on April 3, 1877. The answer was, in fact, filed on April 5th. The replication was not filed until December 13, 1877. 'On the same day a motion was filed to strike the reply, because — First, it was not filed within the time required by law; second, because of the delay between the filing of the answer and reply; and, third, it was filed without leave of the court. This motion was overruled, and the ruling is assigned as error.
*563Strictly, the reply should have been filed before noon of the day…
2Cases cited7 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Miller v. Mutual Benefit Life InsuranceSupreme Court of Iowa · 1871
- Boetcher v. Hawkeye InsuranceSupreme Court of Iowa · 1877
- Turley v. North American Fire InsuranceNew York Supreme Court · 1841
- Young & Co. v. Hartford Fire Ins.Supreme Court of Iowa · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Gordon v. St. Paul Fire & Marine InsuranceMichigan Supreme Court · 1917
- Rochester Loan & Banking Co. v. Liberty InsuranceNebraska Supreme Court · 1895
- Bamforth v. IhmsenWyoming Supreme Court · 1922
- Eggleston v. Council Bluffs InsuranceSupreme Court of Iowa · 1884
- Gurnett v. Atlas Mutual InsuranceSupreme Court of Iowa · 1904
16 more not listed; retrieve them via the Exa API.