Smith v. Redmond
Supreme Court of Iowa
Appeal from Cedar Rapids Superior Court. — Hon. James H. Rotiirock, Judge. Action to recover damages for detention of real property. On trial without a jury there was judgment for plaintiffs, and defendant appeals. —
1Opinion of the Court
McClain, J. —
Plaintiffs’ petition was filed in the superior court of Oedar Rapids on March 16, 1907. In June following, a demurrer was filed to such petition, which on the 17th day of July next thereafter was overruled. The date of the overruling of the demurrer was within the July term of said court, which term extended beyond the 29th day of August, the next term commencing on September 2d. No answer was filed until September 4th, when the defendant filed an answer and a counterclaim. On motion of plaintiffs the counterclaim, was stricken from the files, on the ground that it was filed on…
2Cited by4 opinions
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- Molyneux v. JuliusSupreme Court of Iowa · 1918
- Gardner v. KerlinSupreme Court of Iowa · 1918