Hart v. Jewett
Supreme Court of Iowa
Appeal from Polh District Court. Letters of administration were granted to the defendant Jewett and another, on the estate of Elijah Eaton, deceased, on the 13th of March, 1855. On the 18th of June of the same year plaintiff filed in the probate office his demand against said estate, sworn to, of which the administrator’s had notice, but no formal order of allowance was made of the same by the court until the 17th of August, 1857, as hereinafter stated.
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Appeal from Polh District Court. Letters of administration were granted to the defendant Jewett and another, on the estate of Elijah Eaton, deceased, on the 13th of March, 1855. On the 18th of June of the same year plaintiff filed in the probate office his demand against said estate, sworn to, of which the administrator’s had notice, but no formal order of allowance was made of the same by the court until the 17th of August, 1857, as hereinafter stated. The parties appeared before the county court, on the date last aforesaid, and after due submission it was found, “ that said Hart has a claim…
1Opinion of the CourtWright, J.
Without now determining, whether, under the statute, if a claim is filed within six months after the giving of notice by the administrator, but not finally allowed until the expiration of the time, it will come within the third class of claims provided for in section 1372 of the Code; we say without now determining this question, we are of the *279opinion that the order made by the county court on the 17th of August, 1857, is conclusive as to the duty of the administrators in paying plaintiff’s claim. The subject matter of that adjudication and the parties to it, were within the jurisdiction of…
2Cited by4 opinions
- In Re Estate of KinnanSupreme Court of Iowa · 1934
- Braught v. GriffithSupreme Court of Iowa · 1864
- Noble v. MorreySupreme Court of Iowa · 1865
- Byer v. HealySupreme Court of Iowa · 1891