First National Bank v. Green
Supreme Court of Iowa
Appeal from Linn Circuit Cou/rt. The petition states plaintiff recovered a judgment against the Burlington, Cedar Rapids and Minnesota Railway Company which remains wholly unpaid.
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Appeal from Linn Circuit Cou/rt. The petition states plaintiff recovered a judgment against the Burlington, Cedar Rapids and Minnesota Railway Company which remains wholly unpaid. That an execution issued on said judgment and the sheriff was unable to find any property on which to levy, whereupon demand was made on the officers of said company to point out property belonging to the company upon which the execution could be levied, but said officers failed and refused to do so. That defendant’s intestate, George Green, was the owner of a large number of shares of stock in the company, but that…
1Opinion of the Court
Seevers, Ch. J.
I. The ground of demurrer to the petition is that the action is at law and that it should have been brought in the Probate Court. The Circuit Court has common law jurisdiction and also sits as a Probate Court. The action was therefore brought before the right judge and in the right court, but the complaint is that it was not entitled and brought as an action or claim in probate. In Ashlock v. Sherman, 56 Iowa, 311, it was held, such question could not be raised by demurrer, but that the only remedy was to move the court to transfer the cause to the proper docket. Following that…
2Cases cited2 opinions
- Hutton v. LawsSupreme Court of Iowa · 1881
- Ashlock v. ShermanSupreme Court of Iowa · 1881
3Cited by6 opinions
- Easton v. SomervilleSupreme Court of Iowa · 1900
- Jennings v. SchmitzSupreme Court of Iowa · 1945
- Hanen v. LenanderSupreme Court of Iowa · 1916
- Campbell v. CollinsSupreme Court of Iowa · 1911
- Niemand v. SeemannSupreme Court of Iowa · 1907
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