Clark v. Cress
Supreme Court of Iowa
Appeal from Decatur District Court. Plaintiff is the widow and heir of Richard McCarty, who departed this life in April, 1862. Cress was appointed administrator of said estate in June of the same year, giving bonds, with his co-defendant, as his surety.
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Appeal from Decatur District Court. Plaintiff is the widow and heir of Richard McCarty, who departed this life in April, 1862. Cress was appointed administrator of said estate in June of the same year, giving bonds, with his co-defendant, as his surety. This action is upon this bond, the breaches alleged being that the administrator has failed to settle within one year from the time of his appointment; that he had utterly failed to account for the property coming to his hands; that he had appropriated a portion of the property to his own use, and that he had failed to pay to plaintiff, as…
1Opinion of the CourtWright, J.
i. exeoo-' admjnisbonaTaccounting. It certainly needs no suggestion from us that the pleadings in this case are in an exceedingly confused condition. We have had great difficulty in extracting therefrom the exact questions or issues designed to be raised or made by the parjn view of all that is stated, however, it seems to us the court erred in rendering final judgment for *53defendants, upon “being satisfied that settlement had been made as set forth in defendants’ answer.” This settlement certainly was not a bar to plaintiff’s action, as to some of the breaches alleged in her petition. It is…
2Cases cited4 opinions
- Davenport Savings Fund & Loan Ass'n v. North American Fire InsuranceSupreme Court of Iowa · 1864
- Hayden ex rel. Adams v. AndersonSupreme Court of Iowa · 1864
- Waples v. MarshSupreme Court of Iowa · 1865
- Wheelhouse v. BryantSupreme Court of Iowa · 1862
3Cited by13 opinions
- Dorris v. MillerSupreme Court of Iowa · 1898
- Ryan v. HutchinsonSupreme Court of Iowa · 1913
- Jennings v. SchmitzSupreme Court of Iowa · 1945
- In Re Krueger's EstateWashington Supreme Court · 1941
- In re the Estate of SawyerSupreme Court of Iowa · 1904
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