Murphy v. Murphy

A general demurrer to the complaint was' interposed by the defendants and it was sustained without leave to amend as to Alice K. Murphy and overruled as to S. S. Murphy. From the judgment of dismissal in favor of said Alice K. Murphy, following the order sustaining her demurrer, the appeal has been taken. From the complaint it appears that plaintiff is the daughter of S. S. Murphy by a former marriage; that on April 26, 1911, she obtained -a judgment against him for her maintenance and support in the sum of $15 per month and that the amount due under said judgment is $930, as principal, and $179.91 interest. The complaint then proceeds:

The prayer was for judgment against each of the defendants for the amount due in said ease No. 9896, and “that said properties and said interest in the income as above set forth be found subject to the lien of the above amounts due under said judgment, . . . for attorneys fees, for costs of court and for fifteen dollars per month pendente lite.”

[1] No doubt appellant is right in the contention that “the form of the pleading or failure to ask for appropriate relief will not foreclose a plaintiff if, upon the facts disclosed, the plaintiff is…