Benjamin v. Doerscher
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. N. W. Macy, Judge. Reimer Doerscher died about October 17, 1892, leaving as his widow the defendant, Anna Doerscher. Before and at the time of his death Reimer Doerscher owned certain premises, which he and his wife occupied us their homestead; and his wife occupied the same thereafter, by herself, or by others in her stead, until the house was destroyed by fire.
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Appeal from Pottawattamie District Court. — Hon. N. W. Macy, Judge. Reimer Doerscher died about October 17, 1892, leaving as his widow the defendant, Anna Doerscher. Before and at the time of his death Reimer Doerscher owned certain premises, which he and his wife occupied us their homestead; and his wife occupied the same thereafter, by herself, or by others in her stead, until the house was destroyed by fire. On the fifth day of August, 1887, the plaintiff obtained a judgment against Anna Doerscher in the sum of seventy-nine dollars and thirty-four cents and costs, and a transcript thereof…
1Opinion of the Court
Granger,,!.
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3 *392— Error is assigned on the ruling of the court denying the motion to dismiss the garnishment proceedings, and also on its ruling sustaining the motion for judgment. It is not important to consider the assignment based on the ruling of the court on the motion to dismiss; for that action of the court was at once followed by the filing of an answer or defense to plaintiff’s claim to judgment, and it is an elaborate statement of the facts relied on, and presents the same grounds as did the motion, and the judgment of the court is based on the facts as pleaded by appellant. We…
2Cases cited5 opinions
- Meyer v. MeyerSupreme Court of Iowa · 1867
- Butterfield v. WicksSupreme Court of Iowa · 1876
- Briggs v. BriggsSupreme Court of Iowa · 1876
- Whitehead v. ConklinSupreme Court of Iowa · 1878
- Knox v. HanlonSupreme Court of Iowa · 1878
3Cited by4 opinions
- Coleman v. BosworthSupreme Court of Iowa · 1917
- Kinzer v. StephensSupreme Court of Iowa · 1903
- Edinger v. BainSupreme Court of Iowa · 1904
- Gardner v. BaileySupreme Court of Iowa · 1957