Specht v. Spangenberg
Supreme Court of Iowa
Appeal from, Delaware Circuit Court. ActioN to recover for an alleged breach of promise of marriage. The plaintiff averred that she was a widow, and had children by a former marriage; that the defendant promised to marry her, and the marriage was to take place when two children of the plaintiff should have married; that those children have since marriéd, but the defendant now refuses to many her.
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Appeal from, Delaware Circuit Court. ActioN to recover for an alleged breach of promise of marriage. The plaintiff averred that she was a widow, and had children by a former marriage; that the defendant promised to marry her, and the marriage was to take place when two children of the plaintiff should have married; that those children have since marriéd, but the defendant now refuses to many her. The plaintiff also made an averment in these words: “ The plaintiff further, in aggravation of damages, says that the defendant, soon after his promise of marriage, represented to the plaintiff that…
1Opinion of the Court
Adams, Oh. J.
-The case presents a question of practice. Where a court refuses to sustain a motion to strike out as i. appeal: fiom order motion to” irrelevant notitef does irrelevant a part of a petition not designed to x x ° show a distinct cause of action, does an appeal lie at once from such rulings? The appellee insists that it does not. An appeal lies from “ an intermediate order, involving the merits and materially affecting the final decision.” Code, § 3164. Is the order complained of one of that kind, or is it one which is merely incidental to' the trial of the cause? The matter…
2Cited by14 opinions
- Jones v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1894
- Dorman v. Credit Reference & Reporting Co.Supreme Court of Iowa · 1932
- Allen v. ChurchSupreme Court of Iowa · 1897
- Morrison v. Carroll ClinicSupreme Court of Iowa · 1927
- Northwestern Trading Co. v. Western Live Stock InsuranceSupreme Court of Iowa · 1917
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