Loomis v. McKenzie
Supreme Court of Iowa
Appeal from Delaware District Cowrt. At the December Term, 1873, oí the Delaware District Court, a decree was entered in this cause for defendant. On the 23d of December, 1875, the plaintiff perfected an appeal from the decree to this court.
Read the full summary
Appeal from Delaware District Cowrt. At the December Term, 1873, oí the Delaware District Court, a decree was entered in this cause for defendant. On the 23d of December, 1875, the plaintiff perfected an appeal from the decree to this court. After the appeal it was discovered that all the written evidence upon which the cause had been tried was lost, without fault of plaintiff, and thereupon he caused a notice to be served on defendant and the clerk of the court, on the 17th day of February, 1876, to the effect that he had withdrawn his appeal, and on the same day filed a petition for a new…
1Opinion of the CourtBeck, J.
I. A demurrer to the petition was overruled. This decision is made the ground of an objection by defendant. Plaintiff insists that, as defendant did not stand on his demurrer'in the court below, the objection raised will not be considered here. The question of defendant’s right to dispute the correctness of the ruling on the demurrer in this court is of no practical importance. The demurrer strikes at the very right of plaintiff to the relief sought, on the grounds stated in the petition. All questions raised by the demurrer, therefore, will be considered in reviewing the action of the court…
2Cases cited1 opinion
- Gammon v. KnudsonSupreme Court of Iowa · 1877
3Cited by15 opinions
- Ormsby v. GrahamSupreme Court of Iowa · 1904
- Law Ex Rel. Law v. HemmingsenSupreme Court of Iowa · 1958
- Springer v. WassonNew Mexico Supreme Court · 1919
- Bingman v. ClarkSupreme Court of Iowa · 1916
- Dumbarton Realty Co. v. EricksonSupreme Court of Iowa · 1909
10 more not listed; retrieve them via the Exa API.