Legal Opinion

Seevers v. Hamilton

Supreme Court of Iowa

Decided October 6, 1860PublishedCited by 16 opinions

Appeal from Mahaska District Court. This cause was before the court at the June Term, 1858, and will be found reported in 6 Iowa 199. At that time it stood upon demurrer to plaintiff’s petition. This court held the petition bad, for causes in said- opinion stated, and remanded the case to the District Court.

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Appeal from Mahaska District Court. This cause was before the court at the June Term, 1858, and will be found reported in 6 Iowa 199. At that time it stood upon demurrer to plaintiff’s petition. This court held the petition bad, for causes in said- opinion stated, and remanded the case to the District Court. In April 1859, plaintiff filed what he styles an amended petition, setting forth substantially and almost in words the matter contained in the original, ,(the original was filed April 9th 1857,) and in addition thereto averments to the effect, that in August 1858, such proceedings were…

1Opinion of the CourtWright, J.

What is meant by the objection that this pleading did not conform to the rules relating to supplemental petitions, we have no means of ascertaining. No rule upon the subject has been brought to our attention, and we can not therefore say that this objection has weight or any thing to sustain it.

It is doubtful whether appellees insist upon the point that the additional facts stated should have been set up in a supplemental, rather than an amended petition. In one part of the argument they seem to rely upon it, while in another they maintain that whatever styled or called, the motion was…

2Cases cited3 opinions

  1. Stevens v. CampbellSupreme Court of Iowa · 1858
  2. Harkins v. Edwards & TurnerSupreme Court of Iowa · 1855
  3. Seevers v. HamiltonSupreme Court of Iowa · 1858

3Cited by16 opinions

  1. Binder v. National Masonic Accident Ass'nSupreme Court of Iowa · 1905
  2. Zalesky v. Home InsuranceSupreme Court of Iowa · 1897
  3. Johnston v. Percy Construction, Inc.Supreme Court of Iowa · 1977
  4. Scott v. FrankSupreme Court of Iowa · 1903
  5. Miller v. PerrySupreme Court of Iowa · 1874

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