McCormack v. Cook

Suit on a note of $105, dated 16tli May, 1855; executed by one John M. Collins, and payable the first of December thereafter. In July, 1857, Collins departed this life; and the defendant was appointed his executor in September following, and published the usual administrator’s notice in a newspaper printed at Marengo, in Iowa County, for the space of four weeks; a copy of which notice was, however, not filed in the probate office till after this suit was instituted.

On the 11th of November, 1859, one Henry Libbey filed this note, for the first time, for allowance in the Judge of of Probate’s…