61 Iowa 261 | Iowa | 1883
Whether the action was premature is a different question, arid one not raised. We will merely say that if, at. the time the defendant adopted the payments, he had tendered to the plaintiff the money necessary to discharge his liability, it would seem reasonable'that he should not be held liable for the costs theretofore accrued. But whether he could, while denying his liability, be heard, under the circumstances, to cay that the action was premature, is, to say the least, doubtful. We have considered the two additional defenses set up by the defendant, to-wit, prior adjudication and the statute of. limitations, and- having reached the conclusion that they are riot tenable, we have to say that the judgment must be
Reversed.