Campbell v. Fox
Supreme Court of Iowa
Appeal from Polk District Court. Plaintiff declares upon a note, on account, and for damages sustained by the malpractice of defendant as an oculist ; answer in denial, and also setting up in throe several pleas, a set-off for slanderous words spolcen by plaintiff of defendant, before the commencement of the action, in relation to his skill as such physician.
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Appeal from Polk District Court. Plaintiff declares upon a note, on account, and for damages sustained by the malpractice of defendant as an oculist ; answer in denial, and also setting up in throe several pleas, a set-off for slanderous words spolcen by plaintiff of defendant, before the commencement of the action, in relation to his skill as such physician. A motion was made to exclude these pleas on the ground that damages of this character could not be set off or claimed in a cross-action. Motion overruled and plaintiff appeals.
1Opinion of the CourtWright, J.
Counsel concede that the determination of this question depends upon the construction to be given to section 1740 of the Code of 1851. This is true, with the further remark, that in giving this section a construction we must look to the policy and spirit of our system of pleading *319and practice. The provision referred to reads: “The defendant may also set up by way of set-off or cross-action any claim which would have leen the subject of an action against the plaintiff, and which was held by the defendant, either matured or not, at the time the suit was commenced. But such claim must be matured…
2Cases cited4 opinions
- Pitcher v. LaycockIndiana Supreme Court · 1856
- Carson v. McFaddenSupreme Court of Iowa · 1859
- Dunham v. DennisSupreme Court of Iowa · 1859
- McKinlay v. McGregorSupreme Court of Iowa · 1859