Smith v. Henry County
Supreme Court of Iowa
Appeal from Henry District Court. Plaintiff claims the amount due upon certain coupons, set out in his petition, and alleges that the county of Henry issued the bonds, to which said coupons were attached, in accordance with the vote of the electors of said county, at a special election held for that purpose, pursuant to law; the object being to assist in the construction of a railway through said county. Demurrer to petition sustained, and plaintiff appeals.
1Opinion of the CourtWright, J.
It is claimed in the first place, that the question of the right or power of the county to issue these bonds does not arise, as the petition, the facts stated in which are admitted by the demurrer, ayers that said bonds were issued according to law. The rule is, that a demurrer admits the facts which are well pleaded, but not the law as claimed by the pleader, nor the inferences and conclusions drawn by him. (Carnes v. Robb, 8 Iowa, 193; Chitty Pl., 700.) If, therefore, there was no authority to issue *386these bonds, the averment of this legal conclusion cannot assist the pleader.
And this…
2Cases cited2 opinions
- Stokes v. County of ScottSupreme Court of Iowa · 1859
- Games v. RobbSupreme Court of Iowa · 1859
3Cited by7 opinions
- McPherson v. Foster Bros.Supreme Court of Iowa · 1876
- American Water-Works Co. v. State ex rel. WalkerNebraska Supreme Court · 1895
- King v. WilsonU.S. Circuit Court for the District of Iowa · 1871
- Lebaron v. ShepherdMichigan Supreme Court · 1870
- United States ex rel. Thompson v. Lee CountyU.S. Circuit Court for the Northern District of Illnois · 1869
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