Reports of Cases at Law and in Equity; Argued and Determined in the Supreme Court of the State of Iowa Volume 23

Reports of Cases at Law and in Equity; Argued and Determined in the Supreme Court of the State of Iowa Volume 23

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ...in interest. Rev. 1860, 2757. Third, there would not be facts suflicient for a recovery stated, that is, for a joint recovery by both. Rev. 1860, 2876. Fourth, the action would not be brought in accordance with law upon second and third grounds of the first demurrer. Rev. 1860, 2771; Walwrath v. Ilandy, 24 How. 353; Baggot v. Boulger, 2 Duer, 389, ll/ann v. Marsh, 21 How. 372; Mann v. Marsh, 35 Barb. 68; Rhoads v. Booth, 14 Iowa, 575; Dunderale v. Grymes, 16 How. 195; Barstow v. Draper, 5 Duer,130; Porter v. 1l0unt, 45 Barb. 422; Palmer v. Davis, 28 N. Y. 242; Clafi/n. v. Van Wagoner, 32 M0. 252. This rule is said to be of especial force in cases where husband and wife are plaintiffs, because they cannot have separate judgments. Dunderale v. Gr;/mes, 16 How. 195; Baratow v. Draper, 5 Duer, 130; Mann v. ll/a/rsh, 35 Barb. 68. In some of the early cases decided under the New York Code, it was held that in such cases the husband might join as plaintifi', but need not; but these cases are now entirely overthrown, the late cases holding that the husband ca/nnot be a party. Palmer v. Du/via, 28 N. Y. 242; Ac/lrley v. Tarhorv, 29 Barb. 512. In this State, it appears to be decided that a demurrer cannot be sustained on the ground of a defect of parties, when the fault is in having too many parties; but we do not understand this to decide the question as made by some of the New York cases, on the ground of not stating suflicient facts. Beck/with v. Dargets, 18 Iowa, 333. 3. In reference to the question that the court has no jurisdiction of the subject of the action, the remedy, if any, being at law, we submit, that although a demurrer will not reach a case, where any case is made, simply because it is in equity, when it should...show more

Product details

  • Paperback | 202 pages
  • 189 x 246 x 11mm | 372g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236894421
  • 9781236894427