Dixon v. Dixon
Supreme Court of Iowa
Appeal from Jasper District Court. The petition alleges that Dixon and Todd, of which firm plaintiff was a member, owned a stock of goods in a » store in Newton, rented by them of one Manning; that the defendant purchased the stock of goods of Dixon and Todd, and agreed to pay the rent of the store until the termination of the lease; that defendant had failed to pay the said rent as agreed, and plaintiff had been compelled to pay the same, and to recover which this suit was…
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Appeal from Jasper District Court. The petition alleges that Dixon and Todd, of which firm plaintiff was a member, owned a stock of goods in a » store in Newton, rented by them of one Manning; that the defendant purchased the stock of goods of Dixon and Todd, and agreed to pay the rent of the store until the termination of the lease; that defendant had failed to pay the said rent as agreed, and plaintiff had been compelled to pay the same, and to recover which this suit was brought. ' The defendant filed his answer denying the allegations of the petition, also alleging that at the time of…
1Opinion of the CourtCole, J.
píeadisg : mmt. One of the just causes of complaint against the common law practice, as it existed prior to the Code, was that an error of the pleader, either in the parties or statement of the cause of action or kind of action, resulted in the defeat of the party and the dismissal of his 'cause, however clear and meritorious in reality his right of action may have been. To avoid these calamitous and unjust consequences was, at least, one of the promptings to the adoption of the more practical, liberal and just system of pleading and practice contained in our Code.
It is enacted, as a part of…
2Cases cited1 opinion
- Seevers v. HamiltonSupreme Court of Iowa · 1860
3Cited by8 opinions
- McDonald v. NebraskaCourt of Appeals for the Eighth Circuit · 1900
- Sachra v. Town of ManillaSupreme Court of Iowa · 1903
- Motsenbocker v. Shawnee Gas & Electric Co.Supreme Court of Oklahoma · 1915
- York v. NashOregon Supreme Court · 1903
- Hanlin v. BaxterSupreme Court of Kansas · 1878
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