Lamb v. Withrow
Supreme Court of Iowa
Appeal from, Polh District Court. The original petition in this case was filed, and this action commenced, on the 22d day of September, 1865. A substituted petition, the original having been lost, was afterward filed.
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Appeal from, Polh District Court. The original petition in this case was filed, and this action commenced, on the 22d day of September, 1865. A substituted petition, the original having been lost, was afterward filed. The petition contains two counts, ^wherein the plaintiffs, as assignees, by several intermediate assignments from the payee, claim to recover of the defendant upon two promissory notes, with authority to payee or order to enter appearance, waive notice and confess judgment, etc., one for $500, payable in six months, with interest, dated October 11, Í854, and signed by Thomas F.…
1Opinion of the CourtCole, J.
— Our code of practice provides that “ when a pleading shows affirmatively that its cause of claim is barred by the statute of limitations, it may be assailed by demurrer.” ' Rev., § 2961. It is averred in the petition that the plaintiffs paid all of both notes.prior to December, 1858, and *167that the defendant has been a resident of Iowa continuously since February, 1857, — this action having been commenced in September 1,1865. Our statute of limitations provides that actions “founded on unwritten contracts” must be brought within five years; while those “ founded on written contracts ” must be…
2Cases cited2 opinions
- Chipman v. Morill & WebsterCalifornia Supreme Court · 1862
- Fink v. MahaffySupreme Court of Pennsylvania · 1839
3Cited by11 opinions
- Matherly v. HansonSupreme Court of Iowa · 1984
- Van Patten v. WaughSupreme Court of Iowa · 1904
- Johnston v. BeldenSupreme Court of Iowa · 1878
- Harrah v. JacobsSupreme Court of Iowa · 1888
- Preston v. GouldSupreme Court of Iowa · 1884
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