First Nat. Bank v. Greene
Supreme Court of Iowa
Appeal from, Linn Circuit Court. It appears from the averments of the petition that on the fourth day of June, 1878, the plaintiff recovered a judgment in the circuit court of Linn county, against the Burlington, Cedar Bapids and Minnesota Bailroad Company, for some sixty-five thousand dollars, and that on the twentieth day of June, 1880, an execution was issued on said judgment and placed in the hands of the sheriff, who, being unable to find any property of said railway…
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Appeal from, Linn Circuit Court. It appears from the averments of the petition that on the fourth day of June, 1878, the plaintiff recovered a judgment in the circuit court of Linn county, against the Burlington, Cedar Bapids and Minnesota Bailroad Company, for some sixty-five thousand dollars, and that on the twentieth day of June, 1880, an execution was issued on said judgment and placed in the hands of the sheriff, who, being unable to find any property of said railway company, made a demand upon the vice-president, and upon the general superintendent of the company, that property be shown…
1Opinion of the Court
Roti-irock, Oh. J.
i. couroKARy^recutor011 homeron°aocount of Ralanee flue ou of limitations. It is not claimed that the liability of the estate of Greene is based upon a written contract. It is claimed that Greene was, and his estate is, the owner of nine hundred and ten shares of the stock of the railway company, and that twenty per cent . . , " , . , J A only ot the par vaLue thereof has been paid. Ihe bar 0f the statute, therefore, applies in five years after the cause of action accrued, and the question to be determined is, when did the right of action accrue.
*448It appears from the averments…
2Cases cited2 opinions
- Prescott v. GonserSupreme Court of Iowa · 1872
- Baker v. Johnson CountySupreme Court of Iowa · 1871
3Cited by20 opinions
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- West v. Topeka Savings BankSupreme Court of Kansas · 1903
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