Wadsworth & Wells v. Cheeney
Supreme Court of Iowa
Appeal from, Floyd District Court. This cause was before this court at the December term, 1859. A statement of the case is given by the court: see the opinion as reported in 10 Iowa, 258. Upon the reversal of the judgment, a procedendo issued, and when the cause was again docketed for trial, the defendant moved to discontinue; pending which motion an amended petition was filed.
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Appeal from, Floyd District Court. This cause was before this court at the December term, 1859. A statement of the case is given by the court: see the opinion as reported in 10 Iowa, 258. Upon the reversal of the judgment, a procedendo issued, and when the cause was again docketed for trial, the defendant moved to discontinue; pending which motion an amended petition was filed. The motion to discontinue, as well as a motion to strike the amended petition from the files, were each overruled. A motion to quash the attachment, and a demurrer to the amended petition, were each sustained. Judgment…
1Opinion of the CourtBaldwin, C. J.
The action of the District Court in overruling the defendants’ motion to discontinue, and to strike the amended petition from the files is not appealed from. This ruling is not assigned as error. It is useless to consider the argument of the defendants against the correctness of this ruling, as long as they resist a reversal of the cause.
The errors assigned relate to the motion to dissolve, and the demurrer to the amended petition.
If the attachment cannot be sustained, the whole proceedings of the plaintiff s’ fall to the ground. When the original petition was filed the debt was not due, and…
2Cases cited2 opinions
- McCarn v. RiversSupreme Court of Iowa · 1858
- Hays v. GorbySupreme Court of Iowa · 1856
3Cited by5 opinions
- Tilton v. CofieldSupreme Court of the United States · 1876
- Burton v. RobinsonSupreme Court of Kansas · 1870
- Shaffer v. SundwallSupreme Court of Iowa · 1871
- Gourley v. CarmodySupreme Court of Iowa · 1867
- Westphal, Hinds & Co. v. SherwoodSupreme Court of Iowa · 1886