Darr v. Lilley
Supreme Court of Iowa
Appeal from Decatur District Court. The plaintiff’s petition asked for judgment on a note and for tbe foreclosure of a mortgage given to secure the same. The defendant answered, alleging, first, payment; second,, a set-off. The plaintiff demurred to the whole answer. The demurrer was, sustained, and judgment thereupon entered for the plaintiff. I. A general demurrer to a whole declaration must be overruled whenever either of the counts is good.
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Appeal from Decatur District Court. The plaintiff’s petition asked for judgment on a note and for tbe foreclosure of a mortgage given to secure the same. The defendant answered, alleging, first, payment; second,, a set-off. The plaintiff demurred to the whole answer. The demurrer was, sustained, and judgment thereupon entered for the plaintiff. I. A general demurrer to a whole declaration must be overruled whenever either of the counts is good. Chambers v. Lathrop, Mor. 102. II. An offset may be pleaded to an action to foreclose ,& mortgage. Montgomery v. Chadwick, 7 Iowa 114. contended that…
1Opinion of the Court
' Wright, J.
The demurrer in this case was general, or rather in its specifications it applied to the whole answer. However defective the set-off may have been pleaded, the plea of payment was unquestionably well presented, and the demurrer relating to the whole answer in all its clauses should have been overruled. We say the plea of payment was well pleaded, and this is true certainly as far as it is attacked by this demurrer. So far as this case can by any possibility be regarded or treated as reaching this clause of the answer, its specifications are :
1. The matters set up in defendant’s…
2Cases cited1 opinion
- Sample v. GriffithSupreme Court of Iowa · 1857
3Cited by3 opinions
- Holbert v. St. L., K. C. & N. R'y Co.Supreme Court of Iowa · 1874
- Little v. SturgisSupreme Court of Iowa · 1905
- Hull & Argalls v. County of MarshallSupreme Court of Iowa · 1861