Merritt v. Nihart

Supreme Court of Iowa

Merritt v. Nihart

11 Iowa 57

CourtSupreme Court of Iowa

DecidedOctober 6, 1860

StatusPublished

Cited by2 cases

This text of 11 Iowa 57 (Merritt v. Nihart) 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

Merritt v. Nihart, 11 Iowa 57 (iowa 1860).

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Opinion

Lowe C. J.

The plaintiff sues on two notes and describes them both in the same count, which is the error assigned; the defendant claiming that the two notes constitute two distinct causes of action, which can not be embodied in one count. But with equal propriety the two notes or a half-dozen may be regarded as making up in the aggregate one cause of action. This even under the old practice was not deemed multifarious. See Stadler Bro’s & Co. v. Parmlee & Watts, 10 Iowa 30.

Judgment affirmed.

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Lowe C. J.

The plaintiff sues on two notes and describes them both in the same count, which is the error assigned; the defendant claiming that the two notes constitute two distinct causes of action, which can not be embodied in one count. But with equal propriety the two notes or a half-dozen may be regarded as making up in the aggregate one cause of action. This even under the old practice was not deemed multifarious. See Stadler Bro’s & Co. v. Parmlee & Watts, 10 Iowa 30.

Judgment affirmed.

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Bluebook (online)

11 Iowa 57, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merritt-v-nihart-iowa-1860.

Opinion

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