Bundy v. McKee
Supreme Court of Iowa
Appeal from Warren District Gourt. Tuesday, July 26. The petition contains two counts ; the first claiming $10,000, for that defendant, did, on, etc., by his flattery, etc., seduce and debauch plaintiff, etc.; the second claiming the same amount, for that defendant, on, etc., did assault plaintiff, etc., and did then and there lay rúde and violent hands upon her person, and have sexual intercourse with her, by reason of which, etc.
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Appeal from Warren District Gourt. Tuesday, July 26. The petition contains two counts ; the first claiming $10,000, for that defendant, did, on, etc., by his flattery, etc., seduce and debauch plaintiff, etc.; the second claiming the same amount, for that defendant, on, etc., did assault plaintiff, etc., and did then and there lay rúde and violent hands upon her person, and have sexual intercourse with her, by reason of which, etc. It was also alleged, as cause for attachment, that defendant was in some manner about to dispose of his property, without leaving sufficient remaining for the…
1Opinion of the CourtWeight, J.
l. attachment : cause. First, as to plaintiff’s appeal. , The attachment was properly dissolved, and this, whether the court ruled correctly or not, in striking the amended petition. The gi’ound as originally stated was insufficient. This is scarcely denied. The proposition to amend concedes it. Then, too, it was so held in Mingus v. McLeod, 25 Iowa, 452.
2_Amena-ment The defect was not cured by the amendment. For this alleges that defendent was then (January 1, 1870, two m°nths after issuing the writ, and after it was originally prayed), about to dispose of or remove his property, etc.…
2Cases cited2 opinions
- Wadsworth v. CheenySupreme Court of Iowa · 1859
- Mingus v. McLeodSupreme Court of Iowa · 1868
3Cited by3 opinions
- Cawker City State Bank v. JenningsSupreme Court of Iowa · 1893
- Upp v. NeuhringSupreme Court of Iowa · 1905
- Citizens National Bank of Des Moines v. ConverseSupreme Court of Iowa · 1898