Martin v. Swearengen
Supreme Court of Iowa
Appeal from Marshall District Court. PdaiNTIFE enlisted as a soldier in the volunteer service, on the 17th of September, 1861. On that day, defendants entered into a written contract with him, reciting that said plaintiff had thus volunteered, and left at home a wife and two children, without sufficient means for their comfortable support, and then obligating themselves, under a penalty of five hundred dollars, as follows: “Now, should the above bounden well and faithfully…
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Appeal from Marshall District Court. PdaiNTIFE enlisted as a soldier in the volunteer service, on the 17th of September, 1861. On that day, defendants entered into a written contract with him, reciting that said plaintiff had thus volunteered, and left at home a wife and two children, without sufficient means for their comfortable support, and then obligating themselves, under a penalty of five hundred dollars, as follows: “Now, should the above bounden well and faithfully provide for all the wants said family need, beyond what the said Martin may provide, before he leaves for the army, viz.:…
1Opinion of the Court
WRIGHT, Ch. J.
1. Pleadings: repetition. It will not be necessary to set forth, at length, the matter contained in the several paragraphs or divisions of the answer. As to some of them, we need not even state their substance, it being *348sufficient to announce tbe legal rules or principles wbicb must obtain in theirconstruction, and hence control in tbe disposition of tbe case. The petition avers a fulfillment of all tbe conditions therein required, on part of plaintiff; shows that Marshall county has not fully, nor in any manner provided for the wants of his family; that his family' has been in…
2Cases cited2 opinions
- Davenport Gas Light & Coke Co. v. City of DavenportSupreme Court of Iowa · 1863
- McDougle v. GatesIndiana Supreme Court · 1863
3Cited by3 opinions
- Sheibley v. AshtonSupreme Court of Iowa · 1906
- Miller v. JohnsonSupreme Court of Iowa · 1928
- Cate v. GilmanSupreme Court of Iowa · 1875