McClure v. Bates
Supreme Court of Iowa
Appeal from Polk District Court. Action by John Bell, as administrator de bonis non of the estate of David McClure deceased, late of Darke county, Ohio, “ against the defendant, for judgment on a promissory note, and the foreclosure of a mortgage executed to secure the same.” The defendant filed his plea in the nature of a plea in abatement, alleging that said “David McClure is not, nor ever hath been, administrator de bonis non of the estate of John McClure, deceased.”
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Appeal from Polk District Court. Action by John Bell, as administrator de bonis non of the estate of David McClure deceased, late of Darke county, Ohio, “ against the defendant, for judgment on a promissory note, and the foreclosure of a mortgage executed to secure the same.” The defendant filed his plea in the nature of a plea in abatement, alleging that said “David McClure is not, nor ever hath been, administrator de bonis non of the estate of John McClure, deceased.” Upon this, issue was joined by replication. The journal entry in the record of the same day recites: “Now come Bates &…
1Opinion of the Court
PER Cueiam.
Under the Code of 1851, a foreign administrator could not sue in our courts, without taking out letters of administration. And, therefore, if it appeared in this case, that the court below held such administration unnecessary, we should regard the ruling error. It was not erroneous, however, to receive in evidence an attested copy of the letters granted in another State; for while such copy *79was not sufficient to show the authority, it was not inadmissible as a part of the proof to be made. Such proof being made and the record then showing that the cause came on for final hearing,…
2Cited by7 opinions
- Knight v. Moline, East Moline & Watertown Railway Co.Supreme Court of Iowa · 1913
- Knoop v. AndersonDistrict Court, N.D. Iowa · 1947
- Moore v. PettyCourt of Appeals for the Eighth Circuit · 1905
- Finnerty v. ShadeSupreme Court of Iowa · 1930
- Chamberlin v. WilsonSupreme Court of Iowa · 1876
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