Estate of McMurray v. McMurray
Supreme Court of Iowa
Appeal from Wayne District Gourt. — Hon. H. M. Towner, Judge. Special proceedings to compel defendant, who was the guardian of plaintiff, to- render an accounting to the pro-, bate court. The trial court, sustained a demurrer to the petition, and plaintiffs appeal.
1Opinion of the CourtDeemer, J.
Plaintiffs first filed a petition reciting the facts relating to defendant’s appointment as guardian, attainment of their majority, and failure 'and neglect of th© 'guardian to report. To this the defendant filed an answer pleading the statute of limitations. Thereupon plaintiffs filed an amendment to their petition, pleading certain facts by way of avoidance of the statute. Defendant then filed a motion to strike certain parts of this amendment, and this motion was sustained. Thereafter plaintiffs filed what they denominated an “amended petition,” in which they repleaded the exact facts set…
2Cases cited11 opinions
- Lauman v. County of Des MoinesSupreme Court of Iowa · 1870
- Welch v. McGrathSupreme Court of Iowa · 1882
- Reed v. Chubb Brothers, Barrows & Co.Supreme Court of Iowa · 1859
- O'Brien v. StrangSupreme Court of Iowa · 1876
- Davidson v. BiggsSupreme Court of Iowa · 1883
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3Cited by3 opinions
- Gordon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
- Hubbard v. Olsen-Roe Transfer Co.Oregon Supreme Court · 1924
- Iowa Coal Washing Co. v. Consolidation Coal Co.Supreme Court of Iowa · 1926