Crouch v. Crouch
Supreme Court of Iowa
Appeal from the Marshall District Court. The plaintiff, (the father,) sues the defendant, (the son,) upon a contract by which the son, in consideration of the plaintiff’s property, undertook to keep and maintain him and his (defendant’s) mother during their lives. To an amended petition there was a demurrer, which was sustained. An attachment was issued and on defendant’s motion dissolved. Plaintiff stood upon his petition and appeals.
1Opinion of the CourtWright, C. J.
Upon what ground this demurrer was sustained, we cannot see. Several causes are assigned, which may be briefly noticed. And first, it is assigned, that the original notice is in the name of plaintiff and his wife, and the petition in the name of the father alone. This objection, if a good ground of demurrer, is not sustained by the record. And the same may be said of the third and fifth grounds of demurrer. The second ground is that the petition does not state where, nor in what state the contract was to be performed. This was not necessary. The action is not local. Fourth, the petition does…
2Cited by3 opinions
- Robinson v. BurtonSupreme Court of Kansas · 1870
- Westbrook v. NelsonSupreme Court of Kansas · 1902
- Slafter v. Concordia Fire InsuranceSupreme Court of Iowa · 1909