Gross v. Miller
Supreme Court of Iowa
Appeal from Lee District Court. — Host. J. M. Casey, Judge. Action to recover damages for a personal injury. The petition alleges that on October 4, 1891, defendant and plaintiff: were alone together in a wood; that plaintiff was about four feet distant from defendant, who saw and knew of plaintiff’s presence and position; that defendant had in his possession, and under his control, a loaded revolver, which he so handled as to cause the same to be discharged when pointed…
Read the full summary
Appeal from Lee District Court. — Host. J. M. Casey, Judge. Action to recover damages for a personal injury. The petition alleges that on October 4, 1891, defendant and plaintiff: were alone together in a wood; that plaintiff was about four feet distant from defendant, who saw and knew of plaintiff’s presence and position; that defendant had in his possession, and under his control, a loaded revolver, which he so handled as to cause the same to be discharged when pointed toward plaintiff, and a bullet therefrom to be shot and lodged in plaintiff’s arm or wrist, injuring the same and breaking…
1Opinion of the CourtKinne, J.
I. It is said that the court erred in overruling the motion to strike the demurrer. This claim is based upon the thought that the motion first filed and the demurrer presented the same question^ and that it is not allowable to assail a pleading first by. motion, which may go to its substance, and, if it be overruled, to file, a demurrer raising the same ques; tions. , Our statute provides that “but one motion and one demurrer assailing such pleading shall be filed, unless such pleading be amended after the filing 1 of a motion or demurrer thereto.” Code, section 2639. There is no prohibition…
2Cases cited20 opinions
- Philadelphia, Wilmington, & Baltimore Railroad v. Philadelphia & Havre De Grace Steam Towboat Co.Supreme Court of the United States · 1860
- Louisville, New Albany & Chicago Railway Co. v. BuckIndiana Supreme Court · 1889
- Louisville, New Albany & Chicago Railway Co. v. FrawleyIndiana Supreme Court · 1886
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Carroll v. . Staten Island R.R. Co.New York Court of Appeals · 1874
15 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Carlson v. MeusbergerSupreme Court of Iowa · 1925
- Hughes v. Atlanta Steel Co.Supreme Court of Georgia · 1911
- Taylor v. Star Coal Co.Supreme Court of Iowa · 1899
- Frint Motor Car Co. v. Industrial CommissionWisconsin Supreme Court · 1919
- Napier v. PattersonSupreme Court of Iowa · 1923
9 more not listed; retrieve them via the Exa API.