Legal Opinion

District Township v. White

Supreme Court of Iowa

Decided April 4, 1876PublishedCited by 10 opinions

Appeal from, Carroll Circuit Court. On the 23d day of January, 1875, plaintiff filed in the Oar-roll Circuit Court an amended petition, in substance alleging that on the 30th day of August, 1869, being the first day of the August Term of the Oarroll Circuit Court, J. E. Griffith obtained a judgment against plaintiff for the sum of $6,920 and costs; that Griffith, in obtaining this judgment practised fraud; that in 1869, Isaac Hampton was president, and John Moore was…

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Appeal from, Carroll Circuit Court. On the 23d day of January, 1875, plaintiff filed in the Oar-roll Circuit Court an amended petition, in substance alleging that on the 30th day of August, 1869, being the first day of the August Term of the Oarroll Circuit Court, J. E. Griffith obtained a judgment against plaintiff for the sum of $6,920 and costs; that Griffith, in obtaining this judgment practised fraud; that in 1869, Isaac Hampton was president, and John Moore was secretary of the district township of Newton, and they acknowledged service of the original notice on the 30th day of August,…

1Opinion of the CourtDay, J.

1. PRACTICE: time of filing pleading I. Tlie defendant must demur, answer, or do both, as to the original petition, before noon of the second day of the term. To all subsequent pleadings, including amendments thereto and substitutes therefor, each party .must demur, answer or reply before noon of the day succeeding that on which the pleading is filed. The court, with due regard to making up the issues at the earliest day possible, may extend the time of filing any pleading. Code, Secs. 2635, 2636, and 2638.

The amended petition in this case was filed on the 23d day of January, and it was…

2Cases cited4 opinions

  1. Burtis v. Cook & SargentSupreme Court of Iowa · 1864
  2. Hoskins v. HattenbackSupreme Court of Iowa · 1862
  3. Isett v. LucasSupreme Court of Iowa · 1864
  4. Young v. TuckerSupreme Court of Iowa · 1874

3Cited by10 opinions

  1. Shaw v. AddisonSupreme Court of Iowa · 1945
  2. Freeman v. WoodNorth Dakota Supreme Court · 1901
  3. Johnson, Lane & Co. v. Nash-Wright Co.Supreme Court of Iowa · 1903
  4. Burke v. DunlapSupreme Court of Iowa · 1919
  5. Bond v. EpleySupreme Court of Iowa · 1878

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