Jones v. Brunskill
Supreme Court of Iowa
Appeal from Dubuque District Court. Action on an account which had accrued more than five years-before suit was instituted.
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Appeal from Dubuque District Court. Action on an account which had accrued more than five years-before suit was instituted. To remove the bar of the statute, the plaintiff, in his second amended petition, alleges “ that the defendant did in 1859, and within five years before tbe commencement of this action, admit that the said debt sued for was then unpaid, which admission was in writing, signed by him, and made by him in his examination as a witness in a suit in equity pending in the Dubuque District Court, wherein one Alexander Levi was plaintiff, and George O. Karrick ei al. defendants,…
1Opinion of the CourtDillon, J.
1. Pleading: demurrer. No question is presented by the record except the ruling of the court on the demurrer to the second amended petition. And here the appellant makes the point, that the demurrer was so general that it ought to have been disregarded by the court below. Section 2877 of the Revision provides that “ the demurrer must distinctly specify, as the grounds of the objection, some matter of error intended to be argued as a defect in the pleading, and unless it do so it shall be disregarded." It is plain that the demurrer in this case does mot meet the requirement of the statute. The…
2Cases cited2 opinions
- Davenport Gas Light & Coke Co. v. City of DavenportSupreme Court of Iowa · 1863
- Newfield v. BlawnSupreme Court of Iowa · 1864
3Cited by2 opinions
- Childs v. LimbackSupreme Court of Iowa · 1870
- Overland Sioux City Co. v. ClemensSupreme Court of Iowa · 1920