8 Iowa 286 | Iowa | 1859
The errors assigned are: 1. For reversing the judgment of the justice, &c.; 2. In rendering final judgment and dismissing the cause, instead of remanding the same to the justice.
However weighty or important the questions raised by the appellant by his demurrer, may be, as abstract propositions, we do not conceive it necessary to examine them, as the record stands in this case. It will be observed that there is no objection made to the form of the answer, nor to the fact that the ordinance relied upon, is not properly made a part of the pleading. The points made by the demurrer, relate to the power of the city to pass the ordinance, and its effect upon the right of the plaintiff to recover, granting tliepow
The court erred in dismissing plaintiff'’s action, upon overruling the demurrer to the answer. The cause should have been remanded to the justice, or a trial de novo awarded in the district court. The judgment should have been substantially respondent ouster. Eor this error, the judgment is reversed.