¶2In this case the defendant filed a motion to dissolve the injunction, and also a demurrer to the complainant’s bill. Both the motion and the demurrer were sustained. The dissolution of the injunction was correct; the amended bill which alone presents any grounds for equitable interference not having been sworn to. But the sustaining of the demurrer, the effect of which would be to dismiss the bill, was erroneous ; for although the bill was not sworn to, it appears to contain equity, and therefore ought not to have been dismissed. The case in fact is substantially the same as was presented in this very case at the term of this court held in July 1841, and must be reversed for the same reason. Decree set aside and case remanded to Henry county for further proceedings.
1 Morris 153
Porter v. Moffatt
Decided January 15, 1843
Supreme Court of Iowa · decided 1843-01-15
Appealed from Henry. This was a bill in equity, in the District Court, for a new trial at law. The bill stated that Moffatt had brought his action of covenant in the court of law, against the complainants in the bill, who are the appellants in this court, and that the complainants not attending court, and having no attorney present, the said Moffatt causedhheir default to be entered in vacation on the clerk’s docket, and recovered judgment thereon at the subsequent term.
Decided 1843-01-15