Hawk v. Harris
Supreme Court of Iowa
Appeal from Cass District Court. — Hon. W. E. Green,. Judge. .1 Plaintiff's petition is in two counts; the first claiming damages for the breach of an oral contract of marriage,, and the second to recover damages for seduction. Plaintiff alleged that she was a resident of Audubon county, and 'the defendant, “a minor between the ages of nineteen and twenty years,”, was a resident of Cass county, “until he absconded a short time since.”
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Appeal from Cass District Court. — Hon. W. E. Green,. Judge. .1 Plaintiff's petition is in two counts; the first claiming damages for the breach of an oral contract of marriage,, and the second to recover damages for seduction. Plaintiff alleged that she was a resident of Audubon county, and 'the defendant, “a minor between the ages of nineteen and twenty years,”, was a resident of Cass county, “until he absconded a short time since.” For cause of attachment against his property, she alleged that the defendant had property in Cass county subject to attachment, and that he had absconded. She…
1Opinion of the CourtGiven, J.
2 No question is made on this appeal as to plaintiff’s right to bring and prosecute this action as she did, nor as to her right to have and to levy the attachment as was done. Defendant insists that, a guardian having been appointed and qualified to take charge of the defendant’s property, this judgment, can only be enforced through the probate court. Plaintiff contends that *545her action being properly brought and prosecuted, • and the attachment rightfully issued and levied before a guardian was appointed, and when the property was not in the custody of the probate court, it came into the…
2Cases cited2 opinions
- Coffin v. EisimingerSupreme Court of Iowa · 1888
- Shaffner v. BriggsIndiana Supreme Court · 1871
3Cited by8 opinions
- Morgan v. MuenchSupreme Court of Iowa · 1916
- Fletcher v. KetchamSupreme Court of Iowa · 1913
- Shumaker v. BohrofenSupreme Court of Iowa · 1933
- Piggott v. MillerMissouri Court of Appeals · 1977
- Wiley v. FleckSupreme Court of Iowa · 1920
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