Lyon v. Bunn
Supreme Court of Iowa
Appeal from the Polk District Court. Suit on a promissory note. The defendant answered, denying tbe indebtedness claimed, and tbe execution of tbe note. Judgment was rendered for tbe defendant, on certain motions and a demurrer to tbe answer, filed by tbe plaintiff, from which be appeals. Tbe other facts, appear in tbe opinion of tbe court.
1Opinion of the CourtStockton, J.
— Tbe petition is framed upon a promissory note for four hundred dollars, and is substantially in tbe form given by tbe Code, section 2518. By his answer, tbe defendant “denies that be is indebted to plaintiff in tbe sum of four hundred dollars, as claimed in tbe said petition, or in any less sum; and denies that be made and executed tbe note described in tbe said petition as therein alleged.”
1. — Tbe plaintiff moved tlie court “to cause to be ex*50punged from the answer, so much thereof as denies the execution of the note sued on.” This motion was overruled by the court. It is claimed by…
2Cited by3 opinions
- Fannon v. RobinsonSupreme Court of Iowa · 1860
- Sheldon, Hoyt & Co. v. MiddletonSupreme Court of Iowa · 1859
- Terhune v. HenrySupreme Court of Iowa · 1862