Jenkins v. Shields
Supreme Court of Iowa
Appeal from Henry District Gowrt. The plaintiffs filed in the Henry district court a petition stating in substance tbat Evans Jenkins died intestate in Henry county, December 31, 1859, and tbat plaintiffs are his legal heirs. Tbat J. M. Shields was appointed administrator of tbe estate, and tbat be executed an administrator’s bond with tbe defendants Morehead and Stansbury as sureties.
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Appeal from Henry District Gowrt. The plaintiffs filed in the Henry district court a petition stating in substance tbat Evans Jenkins died intestate in Henry county, December 31, 1859, and tbat plaintiffs are his legal heirs. Tbat J. M. Shields was appointed administrator of tbe estate, and tbat be executed an administrator’s bond with tbe defendants Morehead and Stansbury as sureties. Tbat Shields as such administrator received large amounts of property belonging to tbe estate, of the value of $20,000, including seven notes executed by Leven and Housel for $1,-500; two by O. P. Harrison for…
1Opinion of the Court
Day J.
— I. It is urged that when the motion to strike out the amendment was filed, nothing but that motion was before the court for consideration, and that the court had no right to reconsider his ruling sustaining the demurrer at a previous term. We conclude, however, that in this action, the court, under the circumstances of this case, did not err.
*530No trial upon the merits had been had, and no final judgment had been rendered. The matter of making up the issues in the case was still pending. There were but two courses which the court could pursue, if satisfied that an erroneous ruling…
2Cases cited1 opinion
- Clark v. CressSupreme Court of Iowa · 1865
3Cited by7 opinions
- Eisentrager v. Great Northern Railway Co.Supreme Court of Iowa · 1916
- Brown v. CunninghamSupreme Court of Iowa · 1891
- Blackett v. ZieglerSupreme Court of Iowa · 1910
- Galloway v. FarberSupreme Court of Iowa · 1961
- Robb v. PerryU.S. Circuit Court for the District of Northern Iowa · 1888
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