21 Iowa 76 | Iowa | 1866
In the District Court the plaintiff filed a reply, accompanied by his affidavit, stating the proceedings before the justice; that he did make a parol denial of the counter claim; that there was no proof, but of the plaintiff’s claim
The objections to the filing of the reply relate alone to the right to file such new pleading in the District Court under any circumstances, and do not controvert the sufficiency of the showing. It has been already determined that such new pleadings may be filed upon making proper showing for the omission to file the same in the justice’s court.
It may possibly be the law, that a party has the right to amend his pleadings on an appeal without other showing than required to amend pleadings in cases originally brought in the District Court. Rev. § 2977.
But it is not necessary to decide that question in this case; we need do no more than affirm the ruling as heretofore made, which we do, and hold there was no error in overruling the motion to strike the reply from the files in this case. See Wilson v. May, supra.
Affirmed.