Shugart & Lininger v. Pattee
Supreme Court of Iowa
Appeal from Potta/wattamie District Qov/rt. Friday, October 24. On the 2d day of October, 1872, plaintiffs commenced their action against defendant on two promissory notes not yet due, and asking a writ of attachment. The action was brought as upon a debt then due, and not for the purpose of obtaining a writ of attachment upon a debt not yet due where time only is wanting to fix an absolute indebtedness.
Read the full summary
Appeal from Potta/wattamie District Qov/rt. Friday, October 24. On the 2d day of October, 1872, plaintiffs commenced their action against defendant on two promissory notes not yet due, and asking a writ of attachment. The action was brought as upon a debt then due, and not for the purpose of obtaining a writ of attachment upon a debt not yet due where time only is wanting to fix an absolute indebtedness. The court sustained a demurrer to the original petition, and. also quashed the attachment on motion of defendant; and afterward plaintiffs filed an amendment to their original petition,…
1Opinion of the CourtMiller, J.
l Pleading. I. It is first urged by appellant’s counsel that the court erred in permitting plaintiffs to file their supplemental petition, and in overruling appellant’s motion to strike the same from the files.
Whether there was error in this ruling or not, appellant waived it by answering the supplemental petition and going to trial thereon. Rea v. Flathors, admr., 31 Iowa, 545; Benedict v. Hunt, 32 id. 28.
a. tender. II. On the trial defendant introduced a witness who testified. that' he had, for the defendant, made a tender in writing of the amount due on the notes on the 10th ¿ay 0f…
2Cases cited4 opinions
- Freeman v. FlemingSupreme Court of Iowa · 1858
- Mohn v. StonerSupreme Court of Iowa · 1860
- Rea v. FlathersSupreme Court of Iowa · 1871
- Casady v. BoslerSupreme Court of Iowa · 1860
3Cited by12 opinions
- Doak v. BrusonCalifornia Supreme Court · 1907
- Dorsey v. WolffIllinois Supreme Court · 1892
- Northwestern Trading Co. v. Western Live Stock InsuranceSupreme Court of Iowa · 1917
- Roe v. SmythNew York Court of Appeals · 1938
- Hyams v. BambergerUtah Supreme Court · 1894
7 more not listed; retrieve them via the Exa API.