Welch v. Burris
Supreme Court of Iowa
Appeal from Jefferson Circuit Court. Friday, July 22. Plaintiffs allege that in March, 1864, one David Poffenbarger died of disease contracted in the military service as a private in Co. D, 19th regiment Iowa volunteers and left surviving him the plaintiff Nancy, his widow, and five children, then aged, respectively, two, four, six, eight and ten years ; that his widow, the plaintiff Nancy, made application for a pension, to which she was entitled and would have obtained but…
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Appeal from Jefferson Circuit Court. Friday, July 22. Plaintiffs allege that in March, 1864, one David Poffenbarger died of disease contracted in the military service as a private in Co. D, 19th regiment Iowa volunteers and left surviving him the plaintiff Nancy, his widow, and five children, then aged, respectively, two, four, six, eight and ten years ; that his widow, the plaintiff Nancy, made application for a pension, to which she was entitled and would have obtained but for the fact, that, pending her application, she married the plaintiff Philip ; that, after her marriage, the…
1Opinion of the Court
Cole, Ch. J.
In our opinion no advantage arises to either party to this controversy by reason of the fact that the money in the hands of the guardian came from the bounty of the government, in the shape of pensions to the minor children of a deceased soldier.
Nor is there any such showing in the petition as would justify a court in making an order of allowance for the past support of the children. Such an order would only be made under special circumstances ; and to justify it would require a stronger case than to procure an order for future allowance, or, at least, all the facts requisite for…
2Cited by6 opinions
- In Re Guardianship of NolanSupreme Court of Iowa · 1933
- Ellis v. SoperSupreme Court of Iowa · 1900
- Pettigrew v. WilliamsCourt of Appeals of Georgia · 1941
- In re the Guardianship of CarterSupreme Court of Iowa · 1903
- In Re NelsonSupreme Court of Iowa · 1940
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