Dunham v. Bentley
Supreme Court of Iowa
Appeal from Jackson District Court. — Hon. William F. Brannan, Judge. In 1886, L. B. Dunham obtained a judgment against Albert Bentley for nine hundred and sixty-seven dollars and forty-two cents.
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Appeal from Jackson District Court. — Hon. William F. Brannan, Judge. In 1886, L. B. Dunham obtained a judgment against Albert Bentley for nine hundred and sixty-seven dollars and forty-two cents. The judgment plaintiff died in 1892, and, on August 19,1893, execution! was. issued on this judgment in the name of L. H. Dunham, as administrator of L, B. Dunham, deceased, on which appeared, in the handwriting of the clerk, the indorsement: “L. H. Dunham appointed administrator of the estate of L. B. Dunham, and his commission as such is still in' force.” J. L. Staman, as administrator of David…
1Opinion of the CourtLadd, J.
1 The judgment plaintiff died before the second execution was issued. No indorsement whatever was made by the clerk, as required by section 3130 of the Code of 1873, .and the defendant has entered no complaint of this omission, though, under section 3134, he might have enjoined or moved to quash the execution. The record, then, raises the question whether an execution without indorsement, issued after the death of the judgment plaintiff, is void, or only voidable. A judgment, at common law, became dormant in a year and a day, but it might be revived by resort to the scire facias. An execution…
2Cases cited17 opinions
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- Meyer v. MintonyeIllinois Supreme Court · 1883
- Gardner v. Mobile & Northwestern RailroadSupreme Court of Alabama · 1893
- Bellinger v. FordNew York Supreme Court · 1856
- Winslow v. Central Iowa R'y Co.Supreme Court of Iowa · 1887
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