University of Chicago v. Emmert
Supreme Court of Iowa
Appeal from Lirm District Court. — Hon. William GL ThomrsoN, Judge. The plaintiff filed its claim, duly verified, February 11, 189J, for a balance of eight hundred dollars, due on subscription, to which was attached the contract in words following : “Chicago, Ill., June 20th, 1889. Whereas, the American Baptist Education Society has undertaken to raise the full sum of one million dollars for the purpose of establishing a college in the city of Chicago, Illinois; and whereas,…
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Appeal from Lirm District Court. — Hon. William GL ThomrsoN, Judge. The plaintiff filed its claim, duly verified, February 11, 189J, for a balance of eight hundred dollars, due on subscription, to which was attached the contract in words following : “Chicago, Ill., June 20th, 1889. Whereas, the American Baptist Education Society has undertaken to raise the full sum of one million dollars for the purpose of establishing a college in the city of Chicago, Illinois; and whereas, John D. Rockefeller, of the city of New York, has subscribed six hundred thousand dollars of said sum, upon condition,…
1Opinion of the CourtLadd, J.
1 — In the claim filed, the appellee did not aver in what capacity it acted in presenting its claim against the estate of deceased. The appellant insists that, because of this omission, no evidence could properly be received. That such an averment is essential in a petition in an ordinary action has been held by this court, and is required by statute (Code, section 3627). Sweet v. Ervin, 54 Iowa, 101; Byington v. River Co., 11 Iowa, 502. In Bremer County v. Curtis, 54 Iowa, 72, it was said that the claim stands in place of a petition, as the statement of the cause of action. But the manner of…
2Cases cited9 opinions
- In re Estate of SwainCalifornia Supreme Court · 1885
- Wormley v. HamburgSupreme Court of Iowa · 1874
- Crosby v. McWillieTexas Supreme Court · 1853
- Bremer County v. CurtisSupreme Court of Iowa · 1880
- Byington v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1861
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3Cited by15 opinions
- Eastern States Agricultural & Industrial League v. Estate of VailSupreme Court of Vermont · 1924
- Kauffman v. LoganSupreme Court of Iowa · 1919
- Sheldon v. ThornburgSupreme Court of Iowa · 1912
- In Re Estate of DavieSupreme Court of Iowa · 1938
- Sullenbarger v. AhrensSupreme Court of Iowa · 1914
10 more not listed; retrieve them via the Exa API.