Wilson v. Shorick
Supreme Court of Iowa
Appeal from, Oérro Gordo District Cov/rt. ApPEAL - FROM COUNTY COURT : WHEN TT LIES.-In October, .1861, the County Court of Cerro Gordo county appointed the defendant Shorick, guardian of the plaintiff Wilson. This appointment was made upon the alleged ground that Wilson was of unsound mind.
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Appeal from, Oérro Gordo District Cov/rt. ApPEAL - FROM COUNTY COURT : WHEN TT LIES.-In October, .1861, the County Court of Cerro Gordo county appointed the defendant Shorick, guardian of the plaintiff Wilson. This appointment was made upon the alleged ground that Wilson was of unsound mind. The present . proceeding was commenced in the County Court in July, 1865, by the said Wilson (one Bounce joining in the petition), against the said Shorick; and the petition alleges that said Wilson, is now and ever has been sane; that the appointment of Shorick, as plaintiff’s guardian, was made by the…
1Opinion of the CourtDillon, J.
1,'areeai.: comtl ruimg on demurrer. Whether the County Court erred in sustaining the demurrer is a question not presented bv the record and upon which it would therefore improper for us to pass.
The only question is, did the District Court decide correctly in refusing, on defendant’s motion, to dismiss the appeal? We are of opinion that its ruling *300was right. We lay down this rule, to wit: Under section 267 of the Revision, the action of the County Court sustaining a demurrer to a petition, and thereupon dismissing the cause and rendering judgment against the. plaintiff for costs, is a…
2Cases cited1 opinion
- Griffin v. MossSupreme Court of Iowa · 1856
3Cited by1 opinion
- Hamilton v. LightnerSupreme Court of Iowa · 1880