Walker v. Pumphrey
Supreme Court of Iowa
Appeal from O'Brien District Court. — IíoN. C. IT. Lewis, Judge. Tins is au action to recover on a bond given by the assignee of a debtor under a general assignment for the benefit of his creditors.
Read the full summary
Appeal from O'Brien District Court. — IíoN. C. IT. Lewis, Judge. Tins is au action to recover on a bond given by the assignee of a debtor under a general assignment for the benefit of his creditors. After answer by some of the defendants, a demurrer by another, which was stricken from the files, a motion for default, an answer from a defendant not before answering, and some other proceedings, the plaintiff filed a motion to strike the answer of the defendant last filed, which was overruled, and an order to that effect entered, from which the plaintiff now appeals.
1Opinion of the CourtBeck, C. J.
I. All the assignments of error relate to the action of the court in overruling the motion of the plaintiff to strike from the files the answer of one of the defendants, filed after his demurrer had been stricken from the files on motion. It is not necessary to set out the pleadings or state their contents. The motion to strike the defendant’s answer, which is the ground of the plaintiff’s complaint, we present in full, in order that the points made and decided may clearly appear. It is in the following language:
“ Comes now plaintiff, and moves the court to strike the so-called answer ’ of…
2Cases cited2 opinions
- Specht v. SpangenbergSupreme Court of Iowa · 1886
- Fuller v. Chicago & N. W. R. R.Supreme Court of Iowa · 1871
3Cited by9 opinions
- Allen v. ChurchSupreme Court of Iowa · 1897
- Northwestern Trading Co. v. Western Live Stock InsuranceSupreme Court of Iowa · 1917
- Odell v. CoquoletteSupreme Court of Iowa · 1897
- Bussell v. City of Fort DodgeSupreme Court of Iowa · 1905
- Ellis v. OliphantSupreme Court of Iowa · 1913
4 more not listed; retrieve them via the Exa API.