Hazlett v. Burge
Supreme Court of Iowa
Appeal from Linn District Court. Estates of decedents: contracts of administrator, etc. — The court sustained a demurrer to the petition, from which ruling plaintiff appeals. The petition, filed in April, 1866, in substance, alleges, that in 1859 one Wain, deceased, executed a note for over $400 of which plaintiff is the owner. That Wain died in June, 1860, and the defendant Burge, in July, 1860, was appointed his administrator.
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Appeal from Linn District Court. Estates of decedents: contracts of administrator, etc. — The court sustained a demurrer to the petition, from which ruling plaintiff appeals. The petition, filed in April, 1866, in substance, alleges, that in 1859 one Wain, deceased, executed a note for over $400 of which plaintiff is the owner. That Wain died in June, 1860, and the defendant Burge, in July, 1860, was appointed his administrator. That in October, 1861, the note being unpaid, the plaintiff filed the same in the County Court of Linn county, and duly made 'oath to the correctness of his claijn…
1Opinion of the CourtDillon, J.
It is stated in argument, that the petition was framed with the understanding that the proceeding would be amicable, and that all parties in interest would consent to the relief asked. It falls out, however, that this is not the case, and a demurrer to the petition presents the question whether the plaintiff has made a case entitling him to relief.
*5341. Executor and administrator: contract of administrator. *533It is obvious that the main, if not only design of the petition, was to have a specific execution of the alleged *534contract with the administrator, whereby . . . , . plaintiff: was to receive a…
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