Town of Waukon v. Strouse
Supreme Court of Iowa
Appeal from Allamaltee District Qourt. This is a civil action by which, plaintiff seeks to recover of the defendant (an alleged transient merchant) the sum of seventeen hundred and fifty dollars for selling goods within the incorporated town of Waukon without a license, and in violation of an ordinance of said town. A demurrer to the petition was sustained.
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Appeal from Allamaltee District Qourt. This is a civil action by which, plaintiff seeks to recover of the defendant (an alleged transient merchant) the sum of seventeen hundred and fifty dollars for selling goods within the incorporated town of Waukon without a license, and in violation of an ordinance of said town. A demurrer to the petition was sustained. The plaintiff amended its petition, and the defendant moved to strike out the first count thereof because it had been held bad on demurrer to the original petition. A demurrer to the second count of the amended petition was sustained.…
1Opinion of the CourtRoturo ok, J.
„ 1. Pleading: riea afterof prHÍofl’: I. The motion to strike was well taken. The grounds of recovery in the first count of the amended petition were substantially the . x . . ,.,. J same as m ‘'a-e original petition. Where a party pleads over after a demurrer to his pleading has been sustained, and his amended pleading is the same in substance as the original, the other party is not required to again demur. So far as that count is involved, the question is adjudicated, and the amended pleading presents no question nor case for the court to determine, and it should be stricken from the files.
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2Cases cited2 opinions
- Oschner v. SchunkSupreme Court of Iowa · 1877
- Bradley v. JohnsonSupreme Court of Iowa · 1885
3Cited by23 opinions
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- Van Werden v. Equitable Life Assurance SocietySupreme Court of Iowa · 1896
- Barrett v. KempSupreme Court of Iowa · 1894
- Ryan Bros. v. RateSupreme Court of Iowa · 1927
- Weimer v. LueckSupreme Court of Iowa · 1944
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