Legal Opinion

Hoegh v. Miller

Supreme Court of Iowa

Decided December 31, 1920PublishedCited by 3 opinions

Appeal from Shelby District Court. — E. B. Woodruff, Judge. A demurrer to an amended and substituted petition was sustained, on the ground that it stated a new cause of action, and was, therefore, barred by limitations. Plaintiff elected to stand upon her petition and said ruling, and now appeals from the ruling. —

1Opinion of the CourtSalinger, J.

*558, T „„ piling1 and avoiding statute, *557— I. The record is this: The original petition alleged the speaking of certain slanderous words to have *558been done about the 15th of March, 1916. Demurrer asserting the statute of limitations was sustained, and we may a^sume that, as the pleading then stood, the demurrer was rightly sustained. Later, an amended and substituted petition was filed, which made no change in the original, except that, instead of charging the slander to have been uttered about the 15th of March, 1916, it was now pleaded that said words were spoken in October, 1916, and at various…

2Cases cited9 opinions

  1. Lauman v. County of Des MoinesSupreme Court of Iowa · 1870
  2. Thayer v. Smoky Hollow Coal Co.Supreme Court of Iowa · 1906
  3. Boone v. BooneSupreme Court of Iowa · 1912
  4. Parkhill v. Bekin's Van & Storage Co.Supreme Court of Iowa · 1915
  5. Mahaska County State Bank v. CristSupreme Court of Iowa · 1893

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3Cited by3 opinions

  1. Clark v. FiggeSupreme Court of Iowa · 1970
  2. Cimijotti v. PaulsenDistrict Court, N.D. Iowa · 1964
  3. Reinertson v. StruthersSupreme Court of Iowa · 1926

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