97 Iowa 562 | Iowa | 1896
To a part of defendant’s answer there was a demurrer, which the court sustained, and from the ruling the defendant appealed The cause then proceeded to trial on other issues, and a judgment was entered on a verdict returned for the plaintiff, from which the defendant also' appealed. On motion in this court, the two appeals are. consolidated for trial.
After verdict, the defendant moved in arrest of judgment, on the ground, among others, that the action was prematurely brought. The loss occurred May BO, 1894. The notice and proofs of loss were afterwards served, and the original notice was placed in the hands of the sheriff for service August 18th,