Goodrich v. Conrad
Supreme Court of Iowa
Appeal from Orwndy District Court. The plaintiff made a motion, in the County Court, to correct its records in order to show the fact that a certain claim, based upon a promissory note, filed by him in said court, against the estate of which defendant is the administrator, was, at the time of the filing, sworn to, and that he had permission of said court, to prosecute the claim originally in the District Court.
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Appeal from Orwndy District Court. The plaintiff made a motion, in the County Court, to correct its records in order to show the fact that a certain claim, based upon a promissory note, filed by him in said court, against the estate of which defendant is the administrator, was, at the time of the filing, sworn to, and that he had permission of said court, to prosecute the claim originally in the District Court. Objection being made in the County Court to the correction of the record as asked for, the court overruled the motion. Thereupon plaintiff appealed to the District Court. Defendant…
1Opinion of the CourtBeck, J.
1. comra-sr appeai." I. The appellant assigns as error the order of the District Court, overruling his motion to dismiss the appeal, and presents that question for our consideration. The County Court overruled plaintiff’s motion, upon objections thereto, which struck at the very right of plaintiff to the relief claimed, as well as the authority of the County Court to grant it. Upon the case made in the motion, we think the plaintiff was entitled to the relief. He asks in the motion that the record be so corrected as to show certain facts transpiring before the court, of which record should…
2Cases cited1 opinion
- Shephard v. BrentonSupreme Court of Iowa · 1865
3Cited by4 opinions
- Todhunter v. De GraffSupreme Court of Iowa · 1914
- Coppock v. ReedSupreme Court of Iowa · 1920
- Kansas City, Fort Scott & Gulf Railroad v. TontzSupreme Court of Kansas · 1883
- In re the Estate of SeaveySupreme Court of Iowa · 1891