73 Iowa 757 | Iowa | 1887
The plaintiff claims that on January 1st, 1885, he was not a resident of Montgomery county, but of Burlington, Des Moines county. He so averred in his petition and so testified. The facts are, however, that he had no family, that he did not keep house, and was a mere boarder wherever he was. For the last six or eight years he had spent most of his time at Red Oak, Montgomery county, and had a postoffice box there. He does not appear to have voted, nor to have paid any taxes anywhere. According to his testimony, some of his clothing and his trunks remained in Burlington, and were at a private
But the defendants are not invoking the action of the court, and they have no burden imposed upon them until the plaintiff has made a prima, faeie case. He avers the want
If the plaintiff designed to raise a ■ question upon the existence of the money and credits, and if it is one which could properly be raised in this action, which we do not determine, it should, we think, have been raised by a distinct averment.
We think that the district court did not err.
Affirmed.