Gray v. Lake

Supreme Court of Iowa

Gray v. Lake

7 N.W. 483, 55 Iowa 156

CourtSupreme Court of Iowa

DecidedDecember 11, 1880

StatusPublished

Cited by1 cases

This text of 7 N.W. 483 (Gray v. Lake) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gray v. Lake, 7 N.W. 483, 55 Iowa 156 (iowa 1880).

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Opinion

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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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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Bluebook (online)

7 N.W. 483, 55 Iowa 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-lake-iowa-1880.

Opinion

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