Eller v. Myers

The question here is whether the petition was demurrable on one or more of the grounds found in the demurrer. The petition contained these averments; that defendant Priebe is clerk of the municipal court of Des Moines, “in which court building the funds or money (the subject matter of this action) is kept and controlled by said Walter R. Priebe as Clerk of said Municipal Court”; that, plaintiff was at all times the absolute owner of a certain judgment No. 81334 entered in said court on November 12, 1937; that said judgment was paid to said clerk in July 1939, “and thereupon and thereafter the…