Thrift v. Redman
Supreme Court of Iowa
Appeal from Boone District Court. This was an action to recover an amount paid by plaintiff as surety for tbe defendant, upon a note executed by tbe parties, to one Ferdinand Grether. Tbe other material facts are stated in tbe opinion of tbe court. 1. Tbat as tbe demurrer was to tbe whole answer, and ' as all but one count of the answer is admitted to be sufficient, it should be overruled.
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Appeal from Boone District Court. This was an action to recover an amount paid by plaintiff as surety for tbe defendant, upon a note executed by tbe parties, to one Ferdinand Grether. Tbe other material facts are stated in tbe opinion of tbe court. 1. Tbat as tbe demurrer was to tbe whole answer, and ' as all but one count of the answer is admitted to be sufficient, it should be overruled. Cochran v. Scott, 3 Wend. 229; Clover v. Tuck, 24 Id. 153; Chambers v. Lathrop, Morris R. 102 ; Sample v. Griffith, 5 Iowa, 376 ; The State of Iowa v. Foster, 2 Iowa R. 559. 2. Tbat tbe set-off was a part…
1Opinion of the CourtWright, J.
— I. Petition calls for a sworn answer. Defendant, after answering in denial, and various other matters, pleads a set-off, all of which was duly verified. On the trial, he claimed that “ the allegation setting up the new matter by way of set-off, ” being sworn to, must be received as evidence of equal weight with that of a disinterested witness. This position was overruled, and properly. A set-off is not a pleading, within the meaning of § 1745 of the Code. Gilbert v. Mosier, 11 Iowa, 498.
II. It is claimed that the court erred in excluding a portion of the answer to an interrogatory in the…
2Cases cited4 opinions
- Bunn v. RikerNew York Supreme Court · 1809
- Hickerson v. BensonSupreme Court of Missouri · 1834
- M'Hatton v. BatesIndiana Supreme Court · 1835
- Gilbert v. MosierSupreme Court of Iowa · 1861
3Cited by8 opinions
- Lewis v. United StatesCourt of Appeals for the First Circuit · 1924
- Vennum v. GregorySupreme Court of Iowa · 1866
- Trenery v. GoudieSupreme Court of Iowa · 1898
- Dee v. Sears-Nattinger Automobile Co.Supreme Court of Iowa · 1908
- Fendler v. DewaldMissouri Court of Appeals · 1883
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