Conley v. Dugan
Supreme Court of Iowa
Appeal from Howard District Court. — Hon. A. N. Hobson, Judge. Plaintiff sued to recover upon a promissory note •which fell due July 24,1896. The original notice served on the defendant April 23,1896, stated that the petition would be on file on June 1, 1896. The petition was not in fact filed until June 3d. -On October 13th following, defendant moved to dismiss the action because the petition was not on file at the time stated in the notice.
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Appeal from Howard District Court. — Hon. A. N. Hobson, Judge. Plaintiff sued to recover upon a promissory note •which fell due July 24,1896. The original notice served on the defendant April 23,1896, stated that the petition would be on file on June 1, 1896. The petition was not in fact filed until June 3d. -On October 13th following, defendant moved to dismiss the action because the petition was not on file at the time stated in the notice. This ■motion was sustained, and to the ruling plaintiff excepted, but no appeal was taken therefrom. On December 2, 1896, plaintiff brought another…
1Opinion of the CourtWaterman, J.
*2081 *207— Appellant assigns as error, first, the action of the trial court in sustaining the motion to dismiss the first action. No appeal being taken from *208the ruling, we cannot consider the matter. Indeed, we think the beginning of the second suit was a waiver of any right to complain of rulings in the first action. But, while we must accept the decision on the motion as final, there .are some matters incidental to the first action which are rendered necessary and proper for consideration here, by reason of the allegations of the petition in the second suit.
2 II. The next two assignments of error…
2Cases cited2 opinions
- Clark v. StevensSupreme Court of Iowa · 1880
- Webster v. HunterSupreme Court of Iowa · 1878
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- George v. GanderSupreme Court of Iowa · 1967
- Sioux County v. KostersSupreme Court of Iowa · 1922
- Croak v. Gateway Transportation Co.Supreme Court of Iowa · 1973
- George v. GanderSupreme Court of Iowa · 1967
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