Wikel v. Garrison
Supreme Court of Iowa
Appeal from Harrison District Court. — Hon. C. H. Lewis, Judge. This is an action in chancery to enjoin the.enforcement of an execution issued on a judgment in favor of the defendant Miles, administrator, and against the plaintiffs, and held for service by the defendant Garrison, sheriff, on the ground that the plaintiff Wikel holds a judgment against the defendant Miles, administrator, on an order made by the probate court for the payment of claims against the estate.
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Appeal from Harrison District Court. — Hon. C. H. Lewis, Judge. This is an action in chancery to enjoin the.enforcement of an execution issued on a judgment in favor of the defendant Miles, administrator, and against the plaintiffs, and held for service by the defendant Garrison, sheriff, on the ground that the plaintiff Wikel holds a judgment against the defendant Miles, administrator, on an order made by the probate court for the payment of claims against the estate. Upon the final hearing of the cause on the merits the plaintiffs’ petition was dismissed. They now appeal to this court.
1Opinion of the CourtBeck, C. J.
I. The facts in the case, as disclosed by the record, are these-. The defendant Miles, administrator, recovered in this court a judgment against the plaintiff Wikel, and his sureties, in an appeal, upon the affirmance of a judgment of the court below, which was rendered upon a claim accruing to the intestate in his lifetime. Subsequently, the plaintiff herein, Wikel, recovered a judgment against the administrator upon a claim for services, care, clothing, food and medicines furnished by the plaintiff to the intestate. The plaintiff’s wife recovered a judgment against the administrator for…
2Cases cited5 opinions
- Davis v. MilburnSupreme Court of Iowa · 1856
- Toerring v. LampSupreme Court of Iowa · 1889
- Ware v. HowleySupreme Court of Iowa · 1886
- Lucore v. KramerSupreme Court of Iowa · 1867
- Reynolds v. MartinSupreme Court of Iowa · 1879
3Cited by7 opinions
- Brown v. Sheldon State BankSupreme Court of Iowa · 1908
- Sullivan v. NicoulinSupreme Court of Iowa · 1901
- Andrew v. Dundee Savings BankSupreme Court of Iowa · 1933
- Andrew v. Union Savings Bank & Trust Co.Supreme Court of Iowa · 1938
- Goeman v. Live Stock National BankSupreme Court of Iowa · 1947
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