55 Iowa 665 | Iowa | 1881
If we understand counsel for the appellant he does not controvert the rule above stated, but insists the matter stricken out was material, and not irrelevant, or, if this be not true, the defendants were not aggrieved thereby. In support of this last proposition he cites Cate v. Gilman, 41 Iowa, 530.
Immaterial matter in a pleading we understand to be anything stated therein, which, if established on the trial, would not entitle a party to, or aid him in obtaining, the relief demanded, or in sustaining the defense pleaded. As we have seen, the plaintiff not being a party to the judgment cannot, under the established rules of law, attack the judgment upon the grounds set up in the petition. Such matter, therefore, is irrelevant, has no place in the record, and if proved would in no manner aid the plaintiff in obtaining the relief demanded. It is proper we should state that a cause of action remained in the petition after the objectionable matter was struck out. Therefore it cannot be said a demurrer would have been the more appropriate remedy. Bolinger v. Henderson, 23 Iowa, 165.
Without enlarging further, we are of the opinion that all . the matter struck out of the petition was irrelevant.
Affirmed.