Dubuque County v. Reynolds
Supreme Court of Iowa
Appeal from Dubuque District Court. The plaintiff, Dubuque County, filed its petition for the purpose of obtaining a cancellation of certain conveyances which were fraudulently made by Bridget Beynolds to her son Bernard Beynolds, and alleging that she is incurably insane and likely to become a charge upon the county. The defendants filed an answer denying generally each-;and every allegation of the petition. Subsequently they filed an amended answer and cross petition.
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Appeal from Dubuque District Court. The plaintiff, Dubuque County, filed its petition for the purpose of obtaining a cancellation of certain conveyances which were fraudulently made by Bridget Beynolds to her son Bernard Beynolds, and alleging that she is incurably insane and likely to become a charge upon the county. The defendants filed an answer denying generally each-;and every allegation of the petition. Subsequently they filed an amended answer and cross petition. The first paragraph of' the amended answer is a general denial of the allegations of the petition. The first clause of the…
1Opinion of the Court
Miller, Ch. J. —
I. There was no error in the overruling of defendants’ demurrer. When the demurrer was'filed they had already filed an answer to the • original petition whereby they had waived their right to demur thereto for the grounds, assigned. - .
í practice: pavtiosV^de-^ ramTer. The principal ground of demurrer to the petition of inter-yention is that, by allowing the intervenors to come an<l j0™ with the plaintiff, a misjoinder of parties takes place. It is a sufficent answer to this-objection, that a misjoinder of parties is no ground of demurrer. Beckwith v. Daggett, 18 Iowa, 303;…
2Cases cited1 opinion
- Beckwith v. DargetsSupreme Court of Iowa · 1865
3Cited by4 opinions
- Dolan v. HubingerSupreme Court of Iowa · 1899
- Bowman v. Chicago, St. Paul. & Kansas City Railway Co.Supreme Court of Iowa · 1892
- Brown v. CorrellSupreme Court of Iowa · 1939
- Leytham v. HassettSupreme Court of Iowa · 1925