31 Iowa 115 | Iowa | 1870
The defendant moved for a more specific statement of the petition, so that it should show what part of the property belonged to plaintiff and what to others, and each of them, and their names; what kind of property; the facts showing plaintiff’s right to the use and benefit; the amount of money belonging to plaintiff and each of the others; and what share of each defendant had converted to his own use, etc. This motion was overruled, and the same is assigned as the first error.
As we construe the language of the petition it amounts to an averment of ownership by plaintiff of the property and money sued for, though defendant received it from others; and hence there was no occasion to state specifically what part belonged to others, etc., as moved for. Nor was it necessary to state the' facts showing plaintiff’s right to the use and benefit of the property, any more than it is necessary to. state-the facts showing the plaintiff’s title when he avers absolute ownership in himself of personal property generally; and so of each matter contained in the motion. ' There was no error, therefore, in overruling it.
But, aside from this view, we should have no difficulty in holding that the section applied to eases in the circuit courts, and that circuit judges had authority to make the order of allowance, etc.; and this, under sections 4, 8 and
Affirmed.