Lytle v. May
Supreme Court of Iowa
Appeal from Superior Court, City of Ceclar. Rapicls. This action was brought in the Superior Court of the city of Cedar Rapids, upon two promissory notes. There was a. judgment for plaintiff. Defendant appeals. The facts of the case are found in the opinion.
1Opinion of the CourtBeck, J.
I. The defendant filed a paper in the court below alleging that plaintiff had filed in the District Court of Linn county a petition setting out the identical cause of action whereon this suit is based, which, at a prior term of that court, had been dismissed after defendant had filed his answer and cross-petition. The defendant’s cross-petition, it is alleged, was continued and is still pending in the District Court. This *225paper was treated as a motion and was overruled. Substantially the same facts set out in the motion were pleaded in an answer.
The action of the court in overruling this…
2Cases cited8 opinions
- Santo v. StateSupreme Court of Iowa · 1855
- Morford v. UngerSupreme Court of Iowa · 1859
- Barto v. . HimrodNew York Court of Appeals · 1853
- Bank of Chenango v. . BrownNew York Court of Appeals · 1863
- Bull v. ReadSupreme Court of Virginia · 1855
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3Cited by8 opinions
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- Incorporated Town of Mapleton v. Iowa Light, Heat & Power Co.Supreme Court of Iowa · 1927
- Talarico v. City of DavenportSupreme Court of Iowa · 1932
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