Hornish v. Peck
Supreme Court of Iowa
Appeal from Lee Circuit Court. In November, 1876, the plaintiff commenced an action to recover of the defendant the sum of six hundred dollars upon a promissory note made by defendant, and payable to plaintiff’s order. The defendant answered on November 18, 1876. A demurrer to this answer was sustained. On the 29th day of November, 187 6, the defendant filed his amended answer. A demurrer to this amended answer was sustained.
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Appeal from Lee Circuit Court. In November, 1876, the plaintiff commenced an action to recover of the defendant the sum of six hundred dollars upon a promissory note made by defendant, and payable to plaintiff’s order. The defendant answered on November 18, 1876. A demurrer to this answer was sustained. On the 29th day of November, 187 6, the defendant filed his amended answer. A demurrer to this amended answer was sustained. On the 12th day of June, 1877, the defendant filed his second amended answer and counter-claim. In this pleading it is averred, in substance, that said note was given…
1Opinion of the CourtRothrock, J.
i appeal • issíieeof°cxecution. After the plaintiff had perfected an appeal and filed a transcript and abstract in this court, he caused an execution to issue from the court below upon the judgment in his favor. This is made the ground 0f a motion by appellee to dismiss the appeal. It appears that the execution was levied upon a stock of goods and merchandise, which had been seized upon a chattel mortgage given to other j>arties for an amount greatly in excess of the value of the mortgaged property. The levy of the execution was afterward released, and the .execution returned.. Notice of…
2Cases cited1 opinion
- Dudman v. EarlSupreme Court of Iowa · 1878
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