Boone County v. Ruhl
Supreme Court of Iowa
Appeal from Boone District Court. The county claims of the defendant a sum of money expended for the support of his mother, a pauper, from 1856 to 1859. The petition charges that she duly applied to the trustees of the proper township for aid; that they “requested defendant, who was amply able so to do, to maintain and relieve her, and demanded of him that he should take her to his house, and there provide properly for her, but the defendant neglected and refused so to do,…
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Appeal from Boone District Court. The county claims of the defendant a sum of money expended for the support of his mother, a pauper, from 1856 to 1859. The petition charges that she duly applied to the trustees of the proper township for aid; that they “requested defendant, who was amply able so to do, to maintain and relieve her, and demanded of him that he should take her to his house, and there provide properly for her, but the defendant neglected and refused so to do, &c.” A demurrer to the petition was interposed: First, Because it does not show that the mother applied to the trustees…
1Opinion of the CourtWright, C. J.
The first ground of demurrer evidently misconcioves the the language of the petition; for it is expressly averred therein in the very words of the statute, (sec. 789,) that she applied for relief to the trustees of the township in which she resided, and that they requested and demanded of defendant to maintain and support her, which >he neglected and refused.
*277The second point is to be determined by giving a construction to some sections of chapter 48 of the Code. By section 787, it is made the duty of the child, if of ability, to relieve and maintain his poor mother, who is blind, old, lame,…
2Cited by7 opinions
- Dawson v. DawsonSupreme Court of Iowa · 1861
- Hamilton County v. HollisSupreme Court of Iowa · 1909
- Wright County v. HaganSupreme Court of Iowa · 1930
- Bremer County v. SchroederSupreme Court of Iowa · 1925
- Cherokee County v. SmithSupreme Court of Iowa · 1935
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