Hainer v. Iowa Legion of Honor
Supreme Court of Iowa
Appeal from Carroll District Court. — Hon. J. P. Conner, Judge. Action upon a certificate of life insurance. The case was submitted upon an agreement tliat tfie pleadings and stipulations should constitute an agreed statement of facts.
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Appeal from Carroll District Court. — Hon. J. P. Conner, Judge. Action upon a certificate of life insurance. The case was submitted upon an agreement tliat tfie pleadings and stipulations should constitute an agreed statement of facts. The pleadings show that the plaintiffs are executors of the last will and testament of H. J. Gabel, deceased; that the Iowa Legion of Honor is an incorporated beneficiary society, having for its objects the promotion of fraternity, and to afford financial aid and benefits to the widows, orphans and devisees of deceased members ; that section 1, article 7, of…
1Opinion of the CourtGiven, C. J.
i pleading- ' amending" demurrer: error without prejudice. I. If there was error in permitting intervenor to file the amendment to her demurrer, or in overruling plaintiffs’ motion to strike said amendment, it was without prejudice, as . x ’ the amendment presented no new or addi........ tional objections to the second count of the petition to those presented in the demurrer itself.
*2492 io-sta Legion change oF wniof mer¿7 berII. As the questions raised by the demurrer are the same as those presented by the agreed statement of íacts? ruling on the demurrer will not be separately considered. Two…
2Cases cited5 opinions
- Havens v. . Sackett and HavensNew York Court of Appeals · 1857
- Gibler v. TrimbleOhio Supreme Court · 1846
- Lucas v. HartSupreme Court of Iowa · 1857
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- Ditch v. SennottIllinois Supreme Court · 1886
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