Hogaboom v. Price
Supreme Court of Iowa
Appeal from Woodlnvry District Oowrt. ' On tbe 17th day of October, 1877, tbe plaintiff commenced his action as the indorsee of three promissory notes executed by the defendant to II. L. Iiogaboom. On the 7th of November, 1877, the defendant answered, alleging that the notes were procured through fraud and misrcjn’esentation, and that they were not assigned to plaintiff till long after they became due.
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Appeal from Woodlnvry District Oowrt. ' On tbe 17th day of October, 1877, tbe plaintiff commenced his action as the indorsee of three promissory notes executed by the defendant to II. L. Iiogaboom. On the 7th of November, 1877, the defendant answered, alleging that the notes were procured through fraud and misrcjn’esentation, and that they were not assigned to plaintiff till long after they became due. The defendant attached to the answer interrogatories asking the “ name, age, residence and occupation of plaintiff, and if acquainted and how long with the parties to the suit; if he was the…
1Opinion of the Court
Day, J7
i. practice : Failure1 f<7 answer interrogatories. -I. There was no error in overruling the first motion to dismiss the plaintiff’s action. Section 2700 of the Code provides that the court may compel answers to interrogatories by process of contempt, and . . „ . • , may, on the failure of the party to answer them, after reasonable time allowed therefor, dismiss the petition. Section 2695 of the Code provides that the interrogatories shall be answered at the same time that the pleading to which they are annexed is answered. The answer in this case required no reply, and the court should…
2Cases cited1 opinion
- Sully v. WilsonSupreme Court of Iowa · 1876
3Cited by7 opinions
- Cassiday Fork Boom & Lumber Co. v. TerryWest Virginia Supreme Court · 1911
- Lake Erie & Western Railroad v. HuffmanIndiana Supreme Court · 1912
- Red Polled Cattle Club of America v. Red Polled Cattle Club of AmericaSupreme Court of Iowa · 1899
- Fahey v. Ancient Order of United WorkmenSupreme Court of Iowa · 1919
- McFarland v. City of MuscatineSupreme Court of Iowa · 1896
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