Bates v. Kemp
Supreme Court of Iowa
Appeal from Polk Pistriet Court. BlaiNTIEE sues upon a promissory note. To the defendant’s answer there was a demurrer, which was sustained, and from this ruling he appeals.
1Opinion of the CourtWeight, J.
The pleading demurred to is styled in the caption, “the 8d, amended answer,” and commences thus: “Now comes the defendant and for an amended answer &c.” When the demurrer was sustained he insisted upon his right to be heard on the issues joined by the previous pleadings, which was refused him, and he failing to plead thereto, judgment was entered on the demurrer. In this, the defendant insists that the court erred.
I. In our opinion, this amended answer was intended to take the place of those previously filed. (Lee v. Keister, 11 Iowa, 480.) The matters set up are substantially the same as…
2Cases cited2 opinions
- Campbell v. RuschSupreme Court of Iowa · 1859
- Lee v. KeisterSupreme Court of Iowa · 1861
3Cited by3 opinions
- Lauman v. County of Des MoinesSupreme Court of Iowa · 1870
- Thayer v. Smoky Hollow Coal Co.Supreme Court of Iowa · 1906
- T. H. & J. M. Allen & Co. v. BrattonMississippi Supreme Court · 1872