Epley v. Ely
Supreme Court of Iowa
Appeal from Limn District Court. The plaintiff appeals from an order sustaining a motion filed by the defendants to strike out a second amended petition filed by the plaintiff
1Opinion of the CourtAdams, J.
The defendants had demurred to the plaintiff’s first amended petition, and the demurrer had been sustained. The motion to strike out the second amended petition is based upon the ground that it does not differ in any essential respect from the first amended petition, which the court had held, on demurrer, to be bad. It is not allowable, of course, after a pleading has been held, upon demurrer, to be bad, to file another which does not differ in substance, but in phraseology only. On this point we do not suppose that there is any serious controversy. The difficulty, if any, arises upon the…
2Cited by5 opinions
- Ray v. WilliamsSupreme Court of Florida · 1908
- Weimer v. LueckSupreme Court of Iowa · 1944
- Wisner v. NicholsSupreme Court of Iowa · 1913
- Hoyt v. BeachSupreme Court of Iowa · 1897
- Simmons v. Western Life Indemnity Co.Supreme Court of Iowa · 1915