Legal Opinion

Mortenson v. Knudson

Supreme Court of Iowa

Decided March 16, 1920PublishedCited by 8 opinions

Appeal from Hamilton District Court. — R. M. Wright, J udge. Claim for $3,900 against tbe estate of the decedent, based upon an account for services rendered by the grandmother of the plaintiffs to the decedent for a period of 26 years. There was a trial to a jury, and a verdict for the plaintiffs for the full amount claimed. The defendant has appealed.

1Opinion of the CourtEvans, J.

I. The account sued on began more than 40 years ago, and had fully accrued more than 14 years ago. The more prominent questions involved in the case are:(1) The title of the plaintiffs to the alleged cause of action.(2) The avoidance of the statute of limitations.(3) The incompetency of the chief witness for the plaintiffs to testify, under the inhibition of Code Section 4604.

l. limitation 03? Actions tolling ^tat-promise to pay existing matured debt. Briefly, the case set forth by plain tiffs is that Melinda Jacobson entered the service of the decedent, Neis Jacobson, in 1878, at $3.00 per…

2Cases cited3 opinions

  1. Bayliss v. StreetSupreme Court of Iowa · 1879
  2. Frisbee v. SeamanSupreme Court of Iowa · 1878
  3. Price v. PriceSupreme Court of Iowa · 1872

3Cited by8 opinions

  1. Sackett v. Farmers State Bank of BooneSupreme Court of Iowa · 1929
  2. Burns v. BurnsSupreme Court of Iowa · 1943
  3. In Re Estate of NicholsonSupreme Court of Iowa · 1941
  4. Weideman v. Estate of PetersonNebraska Supreme Court · 1935
  5. Hootman v. BeattySupreme Court of Iowa · 1940

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API