Magney v. Roberts
Supreme Court of Iowa
Appeal from Montgomery District Court.— Hon. O. D. Wheeler, Judge. Since the former appeal (120 Iowa, 310) the plaintiff has died and the defendant become insane. The administrator of the estate of the former has been substituted, as plaintiff, and the guardian of the latter as defendant. No changes appear in the issues or evidence, save as noted in the opinion. The defenses interposed were sustained hy the court in a directed verdict, on which judgment was entered.
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Appeal from Montgomery District Court.— Hon. O. D. Wheeler, Judge. Since the former appeal (120 Iowa, 310) the plaintiff has died and the defendant become insane. The administrator of the estate of the former has been substituted, as plaintiff, and the guardian of the latter as defendant. No changes appear in the issues or evidence, save as noted in the opinion. The defenses interposed were sustained hy the court in a directed verdict, on which judgment was entered. The administrator appeals.
1Opinion of the CourtLadd, J.
Moore was but a surety on tbe two notes of $1,000 each executed February 26, 1896, and bearing 6 per cent, per annum. A judgment for tbe amount due thereon was recovered against the principal, Evans, in Sarpy county, Neb., November 18, 1898, and an order' entered sustaining the levy of a writ of attachment on certain land of Evans, and directing the sale thereof. Special execution issued, and the property was sold by the sheriff to Hendryx, the judgment plaintiff, as the highest bidder for $2,390, January 30, 1899. Application for the confirmation of the sale, according to the practice of…
2Cases cited5 opinions
- Lynn v. MorseSupreme Court of Iowa · 1888
- Hendryx v. EvansSupreme Court of Iowa · 1903
- Crenshaw v. TaylorSupreme Court of Iowa · 1886
- Holmes v. CrooksNebraska Supreme Court · 1898
- Miller v. LefeverNebraska Supreme Court · 1880
3Cited by1 opinion
- Shiya v. EricksonCity of New York Municipal Court · 1935