Musgrave v. Bd. of Com. of Muscatine Co.

Supreme Court of Iowa

Musgrave v. Bd. of Com. of Muscatine Co.

1 Greene 446

DecidedJune 15, 1848

StatusPublished

This text of 1 Greene 446 (Musgrave v. Bd. of Com. of Muscatine Co.) 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

Musgrave v. Bd. of Com. of Muscatine Co., 1 Greene 446 (iowa 1848).

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Opinion

Opinion by

Kinney, J.

This was an action of debt, instituted in the district court of Muscatine county, upon a county treasurer’s bond against the plaintiff in error and his [447]*447securities. The defendants below pleaded non est factum, and Musgrave, the treasurer, filed several special pleas, one of which was a plea of performance. These pleas were all demurred to, and' the court sustained the demurrer; which is the error complained of by the plaintiff in error. From a careful examination of the third plea, we believe it to have been a good one. It avers a full and complete performance of all the conditions of the bond, according to the tenor and effect thereof, which, if true, we think would have constituted a good defence to the action. We think the court erred in sustaining the demurrer to this plea.

Judgment reversed.

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Opinion by

Kinney, J.

This was an action of debt, instituted in the district court of Muscatine county, upon a county treasurer’s bond against the plaintiff in error and his [447]*447securities. The defendants below pleaded non est factum, and Musgrave, the treasurer, filed several special pleas, one of which was a plea of performance. These pleas were all demurred to, and' the court sustained the demurrer; which is the error complained of by the plaintiff in error. From a careful examination of the third plea, we believe it to have been a good one. It avers a full and complete performance of all the conditions of the bond, according to the tenor and effect thereof, which, if true, we think would have constituted a good defence to the action. We think the court erred in sustaining the demurrer to this plea.

Judgment reversed.

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Bluebook (online)

1 Greene 446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/musgrave-v-bd-of-com-of-muscatine-co-iowa-1848.