Griffin v. Seymour
Supreme Court of Iowa
Appeal from Johnson District Court. The plaintiff in 1859 brought his action against Grundy County and the defendant in this suit, jointly, upon a county order, issued by the said count}*, and a separate written guaranty executed by defendant. To that action the defendant Seymour demurred: 1. For the reason that there was a misjoinder of parties. 2. That the petition did not show such a state of facts as would entitle the ■plaintiff to recover.
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Appeal from Johnson District Court. The plaintiff in 1859 brought his action against Grundy County and the defendant in this suit, jointly, upon a county order, issued by the said count}*, and a separate written guaranty executed by defendant. To that action the defendant Seymour demurred: 1. For the reason that there was a misjoinder of parties. 2. That the petition did not show such a state of facts as would entitle the ■plaintiff to recover. This demurrer was sustained, but upon what ground it does not appear. The plaintiff appealed from the ruling of the District Court, and upon a hearing…
1Opinion of the Court
Baldwin, Ch. J.4
The present suit is against Seymour alone, upon his written guaranty. The defendant inter*32posed the plea of former adjudication. A demurrer to .this being sustained, he appeals therefrom, and assigns this ruling as error.
It is conceded that this suit is between the same plaintiff and one of the same defendants, and upon the same cause of action as the one formerly determined by this Court— the appellant now insisting, however, that the case was there adjudicated upon its merits, the appellee insisting that the only question there determined was the one in relation to the…
2Cases cited2 opinions
- Delany v. ReadeSupreme Court of Iowa · 1856
- Sabin & Moon v. HarrisSupreme Court of Iowa · 1861
3Cited by25 opinions
- Corrothers v. SargentWest Virginia Supreme Court · 1882
- Poole v. DilworthWest Virginia Supreme Court · 1885
- Griffith v. State of ArizonaArizona Supreme Court · 1933
- Kleinschmidt v. BinzelMontana Supreme Court · 1894
- McCullough v. ConnellySupreme Court of Iowa · 1907
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