Legal Opinion

Ayres v. Campbell

Supreme Court of Iowa

Decided December 15, 1856PublishedCited by 1 opinion

Appeal from the Quthrie District Court. This cause was before this court, at the June term, 1855, and is reported in 1 Iowa, 212. It is also a part of the transaction from which arose that of Campbell v. Ayres, 1 Iowa, 257. The facts are fully stated in the former case, in 1 Iowa, 212, except so far as may be noticed hereafter in the opinion.

1Opinion of the Court

Woodward, J.[1] —

As this cause is now presented to the court, the plaintiff and appellant assigns for error, that the court overruled the plaintiff’s demurrer to apart of the defendant’s answer. We shall not enter, in detail, into these causes of demurrer, but will only remark that the matters are probably not well pleaded in manner, but would seem to be good, if sustained, in substance. They are thus passed, because the plaintiff has pleaded over and has gone to trial. If he wished to save the matter of the demurrer, he should have stood upon it. This practice does not preclude a -party from…

2Cases cited1 opinion

  1. Ayres v. CampbellSupreme Court of Iowa · 1855

3Cited by1 opinion

  1. Pottinger v. GarrisonNebraska Supreme Court · 1874

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