Town v. Bringolf
Supreme Court of Iowa
Appeal from, Polk Circuit Cowrt. On the 26th day of July, 1876, the plaintiff commenced an action against the defendants on two promissory notes, together amounting to the sum of $8,300, executed by J. Bringolf & Son to D. M. Bringolf, and by him indorsed, and procured an attachment to be levied upon real estate of the defendants, on the ground that they were about to dispose of their property with intent to defraud their creditors.
Read the full summary
Appeal from, Polk Circuit Cowrt. On the 26th day of July, 1876, the plaintiff commenced an action against the defendants on two promissory notes, together amounting to the sum of $8,300, executed by J. Bringolf & Son to D. M. Bringolf, and by him indorsed, and procured an attachment to be levied upon real estate of the defendants, on the ground that they were about to dispose of their property with intent to defraud their creditors. On the 12th day of September, 1876, the defendant, D. M. Bringolf, filed an answer admitting the execution of the instruments sued upon, and claiming of…
1Opinion of the Court
Day, Ch. J.
i. pleading: taeilmeiitf Plaintiff insists that he was entitled to judgment under section 2635 of the Code, which provides: “The defendant shall, in an action commenced .in a court of record, demur, answer, or do both, as to the original petition before noon of the second day of the term.” It is claimed that here there was no response, neither 'demurrer nor answer, as to the original petition. Section 2655 of the Code provides that the answer shall contain a *135statement of any new matter constituting a counter claim. _ A counter claim is thus, by express provision of statute, made an…
2Cases cited1 opinion
- Branch of the State Bank v. MorrisSupreme Court of Iowa · 1862
3Cited by5 opinions
- Kelly v. EmarySupreme Court of Iowa · 1951
- Hedinger v. HerwehSupreme Court of Iowa · 1948
- Yarger v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1889
- Bryant v. MundorfSupreme Court of Iowa · 1920
- Hawley v. GriffinSupreme Court of Iowa · 1903