Tyler v. Langworthy
Supreme Court of Iowa
Appeal from Dubuque District Cowrt. “Wednesday, December 10. On the 17th day of March, 1871, plaintiff filed his petition against defendants, as administrator and administratrix of the estate of James L. Langworthy, deceased, alleging that said estate is justly indebted to him in the sum of $7,296.98, and stating for cause of such claim that on the 19th day of March, 1867, he recovered, against said defendants, as administrator and administratrix of said estate, in the…
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Appeal from Dubuque District Cowrt. “Wednesday, December 10. On the 17th day of March, 1871, plaintiff filed his petition against defendants, as administrator and administratrix of the estate of James L. Langworthy, deceased, alleging that said estate is justly indebted to him in the sum of $7,296.98, and stating for cause of such claim that on the 19th day of March, 1867, he recovered, against said defendants, as administrator and administratrix of said estate, in the circuit court of Grant county, Wisconsin, jndgment for the sum of $5,657, with interest at seven per cent per annum, which…
1Opinion of the CourtDay, J.
1. Judgment. The only point urged and relied upon by appellant, under the demurrer, is that the judgment sued is personal against the defendants, binding them de bonis proprius and. not de bonis testatoris, and that it is conclusive both as to the quantum and the character of their liability. It may be true that this judgment alone ap*559pearing it would be construed as a personal one against the defendants. See Dougherty v. McManus, 36 Iowa, 657. It is also true that the judgment imports absolute verity, and that it cannot be varied or contradicted by matter dehors the record.
The pleadings in…
2Cases cited4 opinions
- Lightfoot v. ColeWisconsin Supreme Court · 1853
- Dougherty v. McManusSupreme Court of Iowa · 1873
- Timmons v. JohnsonSupreme Court of Iowa · 1863
- Stone v. Kaufman & Co.Supreme Court of Arkansas · 1867
3Cited by5 opinions
- Wapello State Savings Bank v. ColtonSupreme Court of Iowa · 1909
- Stanfield v. Downing Co.Supreme Court of Georgia · 1938
- Fisk v. City of KeokukSupreme Court of Iowa · 1909
- Denby v. FieSupreme Court of Iowa · 1898
- United States v. BryanU.S. Circuit Court for the District of Northern California · 1897