107 Iowa 648 | Iowa | 1899
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 forth in the original petition, and further pleaded certain facts by way of avoidance of the statute of limitations. Defendant demurred to this amended petition upon the following grounds: (1) That the facts stated in the amended petition do not entitle plaintiffs to the relief demanded; (2) that th© statements and allegations in said amended petition are irrelevant, immaterial, and in no way or manner state any cause of action for any relief against this