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11 Iowa 453

Levi v. Monroe

Supreme Court of Iowa

Decided April 15, 1861

Supreme Court of Iowa · decided 1861-04-15

The plaintiff sues the defendant on several promissory notes, amounting in the aggregate to one thousand and ninety-four dollars. The service on the defendant was defective. He waived this by appearing on the first day of the term and filing a plea denying his indebtedness to plaintiff, and also informally setting up a claim by way of set-off for a large amount of grain, which he had before that time sold and delivered to plaintiff.

Decided 1861-04-15

Lowe, C. J.

¶1Upon the authority of following cases, the "above error is well assigned: The Canal Bank of Cleveland v. Newberry, 7 Iowa 5; Burlington and Missouri River Railroad Company v. Marchand, 5 Ib. 468; Sample & Griffith, Ib. 378.

¶2Reversed.

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