Sample v. Griffith
Supreme Court of Iowa
Appeal from the Floyd District Uowrt. Suit on three promissory notes — the first for the sum of $694,50, payable to plaintiff, and due July 21st, 1856; the second and third for the sum of $333 each, payable to H. C. Tatum or bearer, — one of them due January 21st, 1856, and the others due July 21st, 1856, and assigned to plaintiff.
Read the full summary
Appeal from the Floyd District Uowrt. Suit on three promissory notes — the first for the sum of $694,50, payable to plaintiff, and due July 21st, 1856; the second and third for the sum of $333 each, payable to H. C. Tatum or bearer, — one of them due January 21st, 1856, and the others due July 21st, 1856, and assigned to plaintiff. On the averment of plaintiff, that the defendant had property not exempt from execution, which he refused to give either in payment or security of the debt sued for, an attachment was issued against the estate of defendant, and levied by the sheriff on his…
1Opinion of the CourtStockton, J.
The error assigned is, that the district court sustained the demurrer to the whole of defendant’s answer. "We think this assignment of error is well taken, and that the district court erred in rendering judgment against defendant, as for want of an answer. There was, to say the least of it, a general denial of any indebtedness on the part of defendant to plaintiff, in the manner and form charged in the petition, and as a demurrer did not apply to this part of the answer, an issue was thereby raised, which precluded the possibility of any judgment by default against defendant.
The second head…
2Cited by3 opinions
- Tallant v. Burlington Gas-light Co.Supreme Court of Iowa · 1873
- Dean v. AtkinsonSupreme Court of Iowa · 1926
- Darr v. LilleySupreme Court of Iowa · 1860