Yarger v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Chickasaw District Court. — Hon. L. O. Hatch, Judge. This action was commenced in justice’s court to recover the sum of twenty-four dollars claimed by plaintiff to be due on account. The petition was duly verified. Defendant filed an answer which contained a general denial, and also a counter-claim for the sum of one hundred dollars alleged to be due defendant from plaintiff. The answer was verified as to all it contained excepting the counter-claim.
Read the full summary
Appeal from Chickasaw District Court. — Hon. L. O. Hatch, Judge. This action was commenced in justice’s court to recover the sum of twenty-four dollars claimed by plaintiff to be due on account. The petition was duly verified. Defendant filed an answer which contained a general denial, and also a counter-claim for the sum of one hundred dollars alleged to be due defendant from plaintiff. The answer was verified as to all it contained excepting the counter-claim. A motion to strike the counter-claim from the answer, on the ground that it was not verified as required by law, was sustained.…
1Opinion of the CourtRobinson, J.
The question of law which we are required to determine, as stated by the trial judge, is as follows : “ When the petition is duly verified, and the answer, the defense part of which is also duly verified, contains a counter-claim which is not verified, and a motion is made to strike out the counter-claim because it is not verified, should the motion be sustained or overruled?” It is contended by appellant that the counter-claim constitutes no part of the defense set out in the answer; that it is a statement of facts, constituting a new and distinct cause of action in favor of defendant,…
2Cases cited3 opinions
- Haywood v. SeeberSupreme Court of Iowa · 1883
- Burlington & Missouri River Railroad v. ShawSupreme Court of Iowa · 1858
- Town v. BringolfSupreme Court of Iowa · 1877
3Cited by7 opinions
- Hedinger v. HerwehSupreme Court of Iowa · 1948
- Skains v. BarnesSupreme Court of Alabama · 1910
- Citizens Bank & Trust Co. v. Pocatello Milling & Elevator Co.Idaho Supreme Court · 1925
- Mullins v. LemleySupreme Court of Alabama · 1921
- Bryant v. MundorfSupreme Court of Iowa · 1920
2 more not listed; retrieve them via the Exa API.