Vredenburgh v. Snyder
Supreme Court of Iowa
Appeal from the Johnson District Court. On the 5th of September, 1845, the plaintiff recovered judgment in the Johnson district court, against the defendant, and one William JB. Snyder, for the sum of about one hundred and twenty dollars. In February, 1857, he filed his petition to revive said judgment, and obtain execution against the defendant — averring that in December, 1845, the said William 13. Snyder departed this life.
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Appeal from the Johnson District Court. On the 5th of September, 1845, the plaintiff recovered judgment in the Johnson district court, against the defendant, and one William JB. Snyder, for the sum of about one hundred and twenty dollars. In February, 1857, he filed his petition to revive said judgment, and obtain execution against the defendant — averring that in December, 1845, the said William 13. Snyder departed this life. The petition is accompanied by the affidavit of the attorney of the plaintiff, to the effect that the judgment had not been satisfied, and specifying the amount still…
1Opinion of the CourtWeight, C. J.
— Several objections are urged against the correctness of this proceeding. And first, it is insisted that upon the petition and answer, the judgment should have been for the defendant; and under this position, it is claimed that plaintiff should have replied under oath; that there was no replication, and that, therefore, the answer was to be taken as true. It will be seen, however, that after the demurrer was sustained to a portion of the answer, there was nothing left requiring a replication. So much of the answer as still remained, did not deny, or *42take issue, upon any part of the petition.…
2Cases cited4 opinions
- Executors of Morton v. Terre-tenants of CroghanNew York Supreme Court · 1822
- Brown v. HarleySupreme Court of Florida · 1848
- Camp v. GainerTexas Supreme Court · 1852
- Stoner v. StromanSupreme Court of Pennsylvania · 1845
3Cited by12 opinions
- P. J. Willis & Brother v. ChowningTexas Supreme Court · 1897
- Denegre v. HaunSupreme Court of Iowa · 1862
- Whitehouse v. American Surety Co.Supreme Court of Iowa · 1902
- Denver-Chicago Trucking Co. v. LindemanDistrict Court, N.D. Iowa · 1947
- Weaver v. Webb, Galt & KelloggCourt of Appeals of Georgia · 1908
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