Finley v. Brown
Supreme Court of Iowa
Appeal from Henry District Court. Action of right to recover the possession of, and quiet the title to the S. E. \ sec. 11, T. 73, E. 6 W., situated in Henry county, Iowa.
Read the full summary
Appeal from Henry District Court. Action of right to recover the possession of, and quiet the title to the S. E. \ sec. 11, T. 73, E. 6 W., situated in Henry county, Iowa. The petition contains two counts, one based upon section 3569, the other on section 3602, of the Eevision.' The defendants moved the court that plaintiff be required to elect on which count in his petition he would proceed to trial, supporting the same with an affidavit that the causes of action specified, therein arose from the same cause, and were based upon the same facts, hlotion sustained, and plaintiff elected to go…
1Opinion of the Court
Lowe, Ch. J.
*5401. Practice : failure to except. *539I. It is objected that the court required the plaintiff to elect upon which count of his petition he *540would go to trial. It is a sufficient reply to this, that the record does not show that the plaintiff ever excepted to this, order of the court, and it is made for the first time here.
2. —waiver, II. The overruling of the demurrer to the answer is the second error relied on. The plaintiff did not stand upon this ruling of the court, but waived it by going to trial on the issues which the replication, by operation of section 2917 of the Revision, put…
2Cases cited1 opinion
- Wilcox v. McCuneSupreme Court of Iowa · 1866
3Cited by8 opinions
- McCready v. Sexton & SonSupreme Court of Iowa · 1870
- Keely v. SandersSupreme Court of the United States · 1879
- O'Keefe v. DillenbeckSupreme Court of Oklahoma · 1905
- Howard v. AdleDistrict Court, E.D. Michigan · 1982
- Anselmo v. JamesDistrict Court, D. Massachusetts · 1978
3 more not listed; retrieve them via the Exa API.