Teany v. Mains
Supreme Court of Iowa
Appeal from Guthrie District Court.- — -Hons. J. H. Apple-gate and J. D. Gamble, Judges.- The defendants, the Iowa Loan & Trust Company and J. A. and Nellie McLuen, demurred to plaintiffs’ petition, and the demurrer was sustained, whereupon the plaintiffs, with leave, filed an amended and substituted petition, which, on motion of said defendants, was stricken from the files.
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Appeal from Guthrie District Court.- — -Hons. J. H. Apple-gate and J. D. Gamble, Judges.- The defendants, the Iowa Loan & Trust Company and J. A. and Nellie McLuen, demurred to plaintiffs’ petition, and the demurrer was sustained, whereupon the plaintiffs, with leave, filed an amended and substituted petition, which, on motion of said defendants, was stricken from the files. Thereupon plaintiffs moved to vacate said orders which was overruled, and, plaintiffs refusing to further plead, judgment was rendered dismissing their petition, and for costs, from which they appeal.
1Opinion of the CourtGiven, C. J.
I. The motion to strike the amended and substituted ptition was submitted to and sustained by Judge Gamble. There was no error in the ruling, as said amended and substituted petition presented the same cause of action as the original. True, it is with much elaboration, but without a single additional essential allegation. The motion to vacate thie rulings made on the demurrer and the motion to strike were also submitted to Judge Gamble, and properly overruled, as in doing so he simply adhered to the ruling made by Judge Applegate on the submission of the demurrer to the petition.
II. This…
2Cases cited4 opinions
- Meek v. BriggsSupreme Court of Iowa · 1893
- McCleary v. EllisSupreme Court of Iowa · 1880
- Case v. DwireSupreme Court of Iowa · 1883
- McCormick Harvesting Machine Co. v. GatesSupreme Court of Iowa · 1888
3Cited by14 opinions
- Wood v. LogueSupreme Court of Iowa · 1914
- Beedy v. FinneySupreme Court of Iowa · 1902
- Goodman v. AndrewsSupreme Court of Iowa · 1927
- Davidson v. AuwerdaSupreme Court of Iowa · 1922
- Ogle v. BurmisterSupreme Court of Iowa · 1910
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