Legal Opinion

Weiser v. McDowell

Supreme Court of Iowa

Decided February 9, 1895PublishedCited by 16 opinions

Appeal from Franhlin District Court. — Hon. S. M. Weaver, Judge. . Tbis action was commenced November 16, 1893, upon a judgment rendered November 8, 1871, in the Circuit Court of Allamakee county, in favor of deceased and against defendant Plaintiff alleges “that, since the rendition of said judgment, defendant has been a nonresident of Iowa for more than two years and one month; that the record of said judgment was never lost or destroyed, and no cause existed for bringing…

Read the full summary

Appeal from Franhlin District Court. — Hon. S. M. Weaver, Judge. . Tbis action was commenced November 16, 1893, upon a judgment rendered November 8, 1871, in the Circuit Court of Allamakee county, in favor of deceased and against defendant Plaintiff alleges “that, since the rendition of said judgment, defendant has been a nonresident of Iowa for more than two years and one month; that the record of said judgment was never lost or destroyed, and no cause existed for bringing action on this judgment prior to November 8, 1886, and said judgment is not barred by tbe statute of limitations.”…

1Opinion of the CourtGiven, J.

I. Appellee contends that “the record' discloses no judgment or order of the lower court fr!om which an appeal will lie.” The record discloses that plaintiff’s demurrer to defendant’s answer was overruled, and that plaintiff excepted, and elected to stand on her demurrer. Section 3164 of th/e Code provide® that an appeal may he taken from an order “when it sustains or overrules a demurrer.” It ads© provides that an appeal may be taken from “an intermediate order involving the merits, and materially affects the final decision.” The matter demurred to clearly involves the merits, and materially…

2Cases cited3 opinions

  1. Cowen v. BooneSupreme Court of Iowa · 1878
  2. Meek v. MeekSupreme Court of Iowa · 1876
  3. Simpson v. Cochran & CherrieSupreme Court of Iowa · 1867

3Cited by16 opinions

  1. Barry v. MinahanWisconsin Supreme Court · 1906
  2. American R. Co. of Porto Rico v. CoronasCourt of Appeals for the First Circuit · 1916
  3. Osborne v. LindstromNorth Dakota Supreme Court · 1899
  4. Norris v. TrippSupreme Court of Iowa · 1900
  5. Dunham v. DunhamSupreme Court of Iowa · 1920

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API