Wilson v. McElroy
Supreme Court of Iowa
Appeal from Wapello District Gowrt. — Hon. Charles D. Leggett, Judge. Proceedings in probate to prove and establish a claim against the estate whereof the defendant is the administrator. The claim was established and allowed, and a judgment or order for the payment entered •accordingly. The defendant appeals.
1Opinion of the CourtBeck, C. J.
I. The plaintiff’s claim against the estate is based upon two promissory notes executed by the intestate, one due September 11, 1877, the other August 3, 1879. On the eleventh day of March, 1887, the plaintiff filed the claim set up in this case, duly certified by his oath, as required by statute. A notice that the claim would “come on for hearing and proof” on the first day of the next term of the court was served on the defendant January 11,1890. Subsequently, the plaintiff filed an amended petition ox claim, setting up, among other things, facts intended to show that the claim is hereby…
2Cases cited2 opinions
- Smith v. McFaddenSupreme Court of Iowa · 1881
- Schriver v. HolderbaumSupreme Court of Iowa · 1888
3Cited by8 opinions
- Lesure Lumber Co. v. Mutual Fire InsuranceSupreme Court of Iowa · 1897
- Lacey v. NewcombSupreme Court of Iowa · 1895
- Blue Grass Savings Bank v. FullerSupreme Court of Iowa · 1940
- Fritz v. FritzSupreme Court of Iowa · 1894
- Smith v. CallananSupreme Court of Iowa · 1897
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