Stineman v. Beath
Supreme Court of Iowa
Appeal from Jasper Owewit Oowrt. This action is brought by the plain tiff as executor of the estate of E. D. McYicker, deceased, upon a promissory note, made to James McYicker, or order, -which it is alleged was the property of said E. D. McYicker at the time of his decease. The defendant answered denying that he signed or executed the note or authorized any one to do so.
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Appeal from Jasper Owewit Oowrt. This action is brought by the plain tiff as executor of the estate of E. D. McYicker, deceased, upon a promissory note, made to James McYicker, or order, -which it is alleged was the property of said E. D. McYicker at the time of his decease. The defendant answered denying that he signed or executed the note or authorized any one to do so. As to all the other allegations of the petition the defendant says “ he has no sufficient information or knowledge to form a belief.” The cause was tried by the court without a jury. The court found “that the defendant had…
1Opinion of the CourtMiller, J.
I. In respect to the first ground stated in the petition for a new trial, namely, the express waiver on the part of defendant’s attorneys of the production of evidence, by plaintiff, to prove that he had been duly appointed administrator, etc., together with the alleged fact that he had been thus appointed, the petition was sufficient on this branch of the case, and the demurrer was properly overruled. The demurrer admits these averments to be true, and certainly when defendant’s attorney expressly waived proof of plaintiff’s right to sue in his representative capacity, the court should not…
2Cases cited3 opinions
- Rea v. FlathersSupreme Court of Iowa · 1871
- Richards v. NuckollsSupreme Court of Iowa · 1865
- McDaniels v. Van FosenSupreme Court of Iowa · 1860
3Cited by5 opinions
- Guth v. BellSupreme Court of Iowa · 1911
- Herkimer v. KeelerSupreme Court of Iowa · 1899
- Scott v. HawkSupreme Court of Iowa · 1898
- Boggess v. ReadSupreme Court of Iowa · 1891
- Hemmer v. BurgerSupreme Court of Iowa · 1905