McCormick v. Muth
Supreme Court of Iowa
Appeal from Plymouth District Cowrt. The defendants are husband and wife, and this action is brought on a promissory note executed by John Muth. A judgment is asked against him for the amount of the not.e, and also that it be made a charge on the separate property of his wife. The defendant Louisa Muth demurred to the peti. tion, which being sustained, the plaintiffs appeal.
1Opinion of the CourtSeevers, J.
1. husband and wife: family expense. Motions were made by tbe defendants to strike out certain portions of the petition, and interrogatories annexed thereto, and also the verification of the petition. The action of the court on these motions is assigned as error, but we regard them as wholly immaterial, in view of the result reached on the main point in the case.
The defendant John Muth is a farmer, and makes his living and supports his family by such occupation. The note on which the action is brought was given for a reaping machine, which was used on the farm, and its use enabled said…
2Cases cited2 opinions
- Smedley v. FeltSupreme Court of Iowa · 1875
- Finn & Co. v. RoseSupreme Court of Iowa · 1862
3Cited by8 opinions
- Russell v. LongSupreme Court of Iowa · 1879
- Dodd v. St. JohnOregon Supreme Court · 1892
- Cole v. BentleyAppellate Court of Illinois · 1887
- Von Platen v. KruegerAppellate Court of Illinois · 1882
- Dunn v. Pickard Bros.Appellate Court of Illinois · 1887
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