Markey v. Mettler
Supreme Court of Iowa
Appeal from the MahasJca District Court. This was an action to recover for goods sold and delivered. The answer denies the allegations contained in the petition, in general and specific terms, and also professes to plead in bar of the action, the statute of limitations. This was not demurred to, neither was there any motion for a more specific statement, nor a replication.
Read the full summary
Appeal from the MahasJca District Court. This was an action to recover for goods sold and delivered. The answer denies the allegations contained in the petition, in general and specific terms, and also professes to plead in bar of the action, the statute of limitations. This was not demurred to, neither was there any motion for a more specific statement, nor a replication. The testimony is all embodied in a bill of exceptions, and shows a promise or undertaking some twelve years before suit brought, and nothing to show any subsequent promise, or that the right of action accrued after some…
1Opinion of the CourtWright, C. J.
The only .question for our consideration, is, did the court err in entirely disregarding what is styled, by the parties, the plea of the statute of limitation. The plaintiffs insist, that the plea is defective in form and substance. That it “is exceedingly defective in all the material parts of such plea, requires no argument to demonstrate. Instead of stating the facts which constitute the defendant’s ground of defence, in a logical form, it is for the most part, a mere statement of conclusions of law. On demurrer, or on motion for a more specific statement under the Code, it would clearly…
2Cited by2 opinions
- Burlington & Missouri River Railroad v. MarchandSupreme Court of Iowa · 1858
- Iowa Windmill & Pump Co. v. BurrisSupreme Court of Iowa · 1917