93 Iowa 72 | Iowa | 1894
I. It is said that the court erred in overruling the motion to strike the demurrer. This claim is based upon the thought that the motion first filed and the demurrer presented the same question^ and that it is not allowable to assail a pleading first by. motion, which may go to its substance, and, if it be overruled, to file, a demurrer raising the same ques; tions. , Our statute provides that “but one motion and one demurrer assailing such pleading shall be filed, unless such pleading be amended after the filing
The rule has been applied in many cases. Thus in a case where an employe of a railway company engaged in his work on Sunday was injured by the negligence of the company. Railway Co. v. Frawley, 110 Ind. 18, 9 N. E. Rep. 594, and cases cited. In that case the court said: “The fact that one who sustains an injury by the negligent or wrongful act pf another. jnay .have