Whitten v. Bird

The Chancellor:

The demurrer sets out fourteen causes. The solicitor for the demurrant, however, confined the demurrer to the grounds herein stated.

1. The complainant, as such, is said not to be a proper party to the suit. This objection appears to be based on the fact that the monthly payments called for by the agreement are not for the benefit of the complainant personally but solely for her children. The complainant, however, has the care and custody of the children. She has been supporting and maintaining them. The monthly payments are to supply her with the means of discharging her duty…