Viall v. First National Bank
Supreme Court of Iowa
Appeal from Harrison District Court. — IIon. F. E. Gaynok. Judge. Action to recover $1,007.82 alleged to be due to plaintiff as balance on account from the defendant bank. The defendant answered as hereafter appears, and moved that plaintiff be required to bring in Wiley Middleton as a party, and, on notice, he appeared and filed his petition of intervention, claiming the money sued for.
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Appeal from Harrison District Court. — IIon. F. E. Gaynok. Judge. Action to recover $1,007.82 alleged to be due to plaintiff as balance on account from the defendant bank. The defendant answered as hereafter appears, and moved that plaintiff be required to bring in Wiley Middleton as a party, and, on notice, he appeared and filed his petition of intervention, claiming the money sued for. Plaintiff moved for judgment on the pleadings against defendant and intervener, which was sustained “with leave to the plaintiff to introduce testimony as to the amount due the plaintiff upon his cause of…
1Opinion of the CourtGiven, C. J.
I. Appellant presents three propositions, namely: Was the motion for judgment proper at the time and under the allegations of the pleadings? If proper, was the court warranted in sustaining the same ? Was the court warranted in dismissing the petition of intervention? A consideration of these contentions requires that we notice what the allegations of the pleadings are. They are quite lengthy, but may be summed up as follows: Plaintiff states as his cause of action that during the years 1894-, 1895, and 1896 he was engaged in business in Chicago; that during those years he deposited with the…
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