Supreme Court of Iowa, 1880

Gray v. Lake

Supreme Court of Iowa · Decided December 11, 1880 · Notiikock

55 Iowa 156; 7 N.W. 483

Cases that cite this one

1 later published case cites this decision.

Asbach v. Chicago, Burlington & Quincy Railway Co. (Iowa 1892)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Notiikock, J.

i. practice : over: waiver, — It has been repeatedly held by this court that where a party pleads over, after an adverse ruling upon a demurrer, he waives all exception to the ruling on the demurrer. That the rule applies to the overruling of a demurrer to an answer, see Finley v. Brown, 22 Iowa, 538.

We cannot consider the case upon the merits. The abstract does not purport to contain the evidence which was offered and introduced upon the trial in the Circuit Court.

Affirmed.

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