Legal Opinion

Gerdes v. Weiser

Supreme Court of Iowa

Decided October 20, 1880PublishedCited by 18 opinions

Appeal from Wirmeshielt, Circuit Court. 'The defendant, as the legal guardian of the plaintiff, was, upon the plaintiff’s petition, cited to make a settlement of his account as guardian, and it was agked that defendant might be removed, and compelled to pay over the amount in his hands due to the plaintiff. The defendant filed a report, and afterwards an amendment thereto, from which the following facts appear.

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Appeal from Wirmeshielt, Circuit Court. 'The defendant, as the legal guardian of the plaintiff, was, upon the plaintiff’s petition, cited to make a settlement of his account as guardian, and it was agked that defendant might be removed, and compelled to pay over the amount in his hands due to the plaintiff. The defendant filed a report, and afterwards an amendment thereto, from which the following facts appear. The plaintiff is the son of the wife of the defendant by a former marriage. When the plaintiff’s mother and the defendant were married the record does not disclose, but it is stated in…

1Opinion of the CourtBothbock, J.

i.-parent and child: matate.Dünce of child, Beports of administrators and guardians are not usually prepared with an expectation that issue is to be taken thereon, and they do not, therefore, set , , , out facts with such clearness and precision as are required in ordinary actions. Counsel in this case have argued the abstract question whether a husband is bound to maintain the infant children of his wife by a former marriage. This, we think, depends largely upon circumstances. A man is not absolutely liable to maintain his own children, in the sense that he may not under certain…

2Cases cited2 opinions

  1. Williams v. . HutchinsonNew York Court of Appeals · 1850
  2. Minor Heirs of Bradford v. BodfishSupreme Court of Iowa · 1874

3Cited by18 opinions

  1. Kelley v. Iowa Department of Social ServicesSupreme Court of Iowa · 1972
  2. Mason v. ZolnoskySupreme Court of Iowa · 1960
  3. Simpkins v. SimpkinsSupreme Court of Iowa · 1964
  4. Boozel v. BoozelSupreme Court of Iowa · 1921
  5. In Re Adoption of CheneySupreme Court of Iowa · 1953

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