Thurston v. Cavenor
Supreme Court of Iowa
Appeal from the Polk. District Court. Breach of promise to marry. Judgment for the plaintiff, and the defendant appeals. The facts, material to an understanding of the questions decided, sufficiently appear from the opinion of the court. in relation to the overruling of the affidavit for a continuance, cited Welsh v. Silvery, 4 Iowa, 241. Upon the other points made by them, they cited no authorities.
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Appeal from the Polk. District Court. Breach of promise to marry. Judgment for the plaintiff, and the defendant appeals. The facts, material to an understanding of the questions decided, sufficiently appear from the opinion of the court. in relation to the overruling of the affidavit for a continuance, cited Welsh v. Silvery, 4 Iowa, 241. Upon the other points made by them, they cited no authorities. I. — 1. If the change in the title of the cause had been made on plaintiff’s motion, and if tbe same was error, tbe error is waived by defendant’s answering in the case after the change was made,…
1Opinion of the Court
Weight, C. R
-It seems that plaintiff was a minor, and sued by her next friend. This next friend moved to dismiss the cause, for the reason that he did not wish further to prosecute it. Rased upon this motion, defendant also asked that the suit be dismissed. The motion of defendant was overruled, and (as the record states), “the application heretofore made by A. Newton, (the next friend), to be dismissed from this cause, came on for hearing ; and, the court being'advised in the premises, ordered that said application be granted, and that Rate Thurston have leave to substitute some other person…
2Cases cited4 opinions
- Southard v. RexfordNew York Supreme Court · 1826
- Mays v. DeaverSupreme Court of Iowa · 1855
- Wightman v. CoatesMassachusetts Supreme Judicial Court · 1818
- Brady v. MaloneSupreme Court of Iowa · 1856
3Cited by9 opinions
- Gerhauser v. North British & Mercantile InsuranceNevada Supreme Court · 1871
- Jacobs v. City of Cedar RapidsSupreme Court of Iowa · 1917
- Osmun v. WintersOregon Supreme Court · 1894
- Rime v. RaterSupreme Court of Iowa · 1899
- McConahey v. GriffeySupreme Court of Iowa · 1891
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