114 Iowa 132 | Iowa | 1901
where a counterclaim is pleaded. Cassidy v. Caton, 47 Iowa, 22. Manifestly, plaintiff did not wish to confess the averments of the answer. She intended to deny their truth and set up matter which would estop defendant from proving the answers that appeared on the face of the application. The law made the denial, and the reply set out the facts constituting the estoppel. This we understand to be proper. Hay v. Frazier, 49 Iowa, 454. Indeed, we. are inclined to think no reply was necessary here. The burden was on defendant to establish that plaintiff had returned the answers alleged. The introduction of the application would have established this, but prima facie only; for, as we shall presently see, under the doctrine which prevails in this state it