23 Iowa 260 | Iowa | 1867
The following cases may be consulted: Leach v. Boynton, 3 Abb. Pr. 1 (making a distinction between a sham and frivolous answer, and disapproving Edwards v. Lent, 8 How. Pr. 28, and like cases). Caswell v. Bushnell, 7 Id. 171; S. C. 14 Barb. 393; Mier v. Cartlege, 8 Id. 75; Broome Co. Bank v. Lewis, 18 Wend. 566; Genesse Ins. Co. v. Moynihen, 5 How. Pr. 321; Snyder v. White, 6 Id. 321; Nichols v. Jones, Id. 355; Kelley v. Barnett, 16 Id. 135; Hecker v. Mitchell, 5 Abb. 453; Shearman v. N. Y. Central Mills, 1 Id. 187; Rae v. Wash. Ins. Co., 6 How. Pr. 21; Temple v. Murray, Id. 329. This last case was by the payee against the maker of a promissory note, the answer was under oath, and in words almost like that before us. The motion to strike was overruled, and a similar order should have been made in this case.
Eeversed.