Ruddick v. Patterson

Supreme Court of Iowa

Ruddick v. Patterson

9 Iowa 103

DecidedJune 15, 1859

StatusPublished

This text of 9 Iowa 103 (Ruddick v. Patterson) 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

Ruddick v. Patterson, 9 Iowa 103 (iowa 1859).

Pincite

Opinion

Wright, C. J.

Judgment by default was rendered against tbe defendants as tbe makers and indorsers of a certain promissory note. Tbe indorsers appeal and assign as error that tbe petitioner does not aver that tbey bad due notice of tbe demand and non-payment of tbe note by tbe maker, and that taking the petition as true, therefore, it shows no cause of action against them. Held; 'That granting, that tbe petition would be bad upon demurer, tbe defect could not avail, when presented for tbe first time in this court. Davis v. Burt, et al. 7, Iowa 58.

Judgment affirmed.

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Wright, C. J.

Judgment by default was rendered against tbe defendants as tbe makers and indorsers of a certain promissory note. Tbe indorsers appeal and assign as error that tbe petitioner does not aver that tbey bad due notice of tbe demand and non-payment of tbe note by tbe maker, and that taking the petition as true, therefore, it shows no cause of action against them. Held; 'That granting, that tbe petition would be bad upon demurer, tbe defect could not avail, when presented for tbe first time in this court. Davis v. Burt, et al. 7, Iowa 58.

Judgment affirmed.

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Bluebook (online)

9 Iowa 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruddick-v-patterson-iowa-1859.