99 Iowa 637 | Iowa | 1896
The plaintiff claims to be entitled to the money due from the insurance company upon a policy issued by it upon the life of one Charles E. Barrett, under and by virtue of the following assignment: “In consideration of one dollar, and of payment by him of sums required to continue this policy in force, I hereby sell, assign, transfer, and set over unto James E. Barrett, of Beinbeck, in the state of Iowa, and his executors, administrators, and assigns, as their interest
It will be noticed that appellant assigns no error in the ruling on the motion to strike, consequently we have no occasion to consider it. He does complain of the court’s ruling on the demurrer to the amended and substituted cross-bill in equity, but we cannot consider his complaint for two reasons: (1) Because he waived the error, if there was any, by pleading-over. Wing v. District Township, 82 Iowa, 632 (48 N. W. Rep. 977). (2) He did not stand upon the pleading attacked, but proceeded to file a new one. In order to question the ruling made on the demurrer, he must have stood upon the pleading demurred to. Wilcox v. McCune, 21 Iowa, 294; Cowen v. Boone, 48 Iowa, 350. This case was tried in the lower court before Acts Twenty-fifth General Assembly, chapter 96, took effect.
II. Error is assigned on the ruling of the court upon the interveners’ demurrer to the plaintiff’s second