Sparks v. National Masonic Accident Ass'n
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. C. P. Holmes, Judge. This is an action' brought in Polk county Iowa, upon a judgment rendered in favor of the plaintiff in tbe circuit court of Johnson county, Missouri. The defendant, in its answer, admits that it is a corporation organized under the laws of the state of Iowa, and denies all other allegations of the petition.
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Appeal from Polk District Court. — Hon. C. P. Holmes, Judge. This is an action' brought in Polk county Iowa, upon a judgment rendered in favor of the plaintiff in tbe circuit court of Johnson county, Missouri. The defendant, in its answer, admits that it is a corporation organized under the laws of the state of Iowa, and denies all other allegations of the petition. It alleges that it never appeared in the suit in the circuit court of the state of Missouri, in which the judgment was rendered, and denies that personal service of process was ever made upon it; avers that it never complied with…
1Opinion of the CourtKinne, J.
1 I. Plaintiff alleges in her petition “that she is the duly appointed and qualified administratrix of the estate of Samuel P. Sparks, deceased.” To this allegation defendant interposes a general denial, and insists that, as plaintiff is an administratrix of a deceased non-resident, and as it appears she was appointed in the state of Missouri, and as no fact is pleaded showing her *461appointment in this state, she cannot prosecute this action. Defendant relies upon section 2868 of the Code, which provides: “If administration of the estate of a deceased non-resident has been granted in accordance…
2Cases cited5 opinions
- Colorado Iron-Works v. Sierra Grande Mining Co.Supreme Court of Colorado · 1890
- Fred Miller Brewing Co. v. Council Bluffs InsuranceSupreme Court of Iowa · 1895
- Gross v. Nichols, Shepard & Co.Supreme Court of Iowa · 1887
- Vorheis v. People's Mutual Benefit SocietyMichigan Supreme Court · 1891
- Childs v. . Harris Manufacturing Co.New York Court of Appeals · 1887
3Cited by20 opinions
- State Ex Rel. Weede v. Iowa Southern Utilities Co. of DelawareSupreme Court of Iowa · 1942
- Showen v. J. L. Owens Co.Michigan Supreme Court · 1909
- Lewis v. American Savings & Loan Ass'nWisconsin Supreme Court · 1898
- Darling Stores Corporation v. Young Realty Co.Court of Appeals for the Eighth Circuit · 1941
- Corbett v. Physicians' Casualty Ass'n of AmericaWisconsin Supreme Court · 1908
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