Scully v. Scully's
Supreme Court of Iowa
Appeal from Dubuqxie District Court. This case originated in the County Court of Dubuque county. The plaintiff filed a claim against the estate of John Scully, deceased, for personal services from April 12, 1852, to January 3, 1868, amounting to $3,396. The claim was allowed by the county court. The executor and a legatee of the decedent appealed to the District Court, where the cause was tried to a jury, and resulted in a verdict and judgment for defendant.
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Appeal from Dubuqxie District Court. This case originated in the County Court of Dubuque county. The plaintiff filed a claim against the estate of John Scully, deceased, for personal services from April 12, 1852, to January 3, 1868, amounting to $3,396. The claim was allowed by the county court. The executor and a legatee of the decedent appealed to the District Court, where the cause was tried to a jury, and resulted in a verdict and judgment for defendant. The plaintiff appeals to this court. The further facts are stated in the opinion. cited 11 Yt. 214; Chitty on Cont. 471, 472; 3 Johns.…
1Opinion of the Court
Cole, Ch. J.
i. amendment: after appeal. -I. The first question made by the appellant’s counsel arises upon the leave given by the court, without any showing therefoi’, to the defendantSj †0 ameT1(j their answer by pleading the statute of limitations, in addition to their denial pleaded in the County Court. Two answers occur to us as sufficient to dispose of the appellant’s objections to the ruling of the court. First, the plaintiff, by leave of court, as it fairly appears from the record, had amended her .claim ; and, second, the question of the statute of limitations had no bearing whatever…
2Cited by53 opinions
- Heffron v. BrownIllinois Supreme Court · 1895
- In Re Estate of TaltySupreme Court of Iowa · 1942
- Snyder v. NixonSupreme Court of Iowa · 1920
- Cowan v. MusgraveSupreme Court of Iowa · 1887
- Disbrow v. DurandSupreme Court of New Jersey · 1892
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