Spear v. Fitchpatrick
Supreme Court of Iowa
Appeal from Story OvrovÁt Coivrt. Friday, September 19. This is a summary proceeding by motion to compel the defendant Fitchpatrick, who is clerk of the court, to pay over money received by him.
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Appeal from Story OvrovÁt Coivrt. Friday, September 19. This is a summary proceeding by motion to compel the defendant Fitchpatrick, who is clerk of the court, to pay over money received by him. The facts are, that April 12, 1870, GL A. Kellogg recovered judgment against A. L. Spear, admr., etc., in the Marshall district court, for $218.97; a transcript of this judgment was filed as a claim against the estate of Joseph Bates, Sen., of which A. L. Spear was administrator in the circuit court clerk’s office, of Boone county, where administration was granted; and on the hearing, December 7,…
1Opinion of the CourtCole, J.
It clearly appears from the statement of the ease in the abstract, and also from the bill of exceptions signed by the judge, that the judgment in this case was rendered and entered in vacation, and there is no showing of any consent by the parties, or of any order made during term therefor. In such case and without regard to the merits, it is our duty to reverse the judgment; this point was directly so ruled and acted upon in Townsley v. Morehead, 9 Iowa, 565; see, also, as bearing upon the point indirectly, Luse v. The City of Des Moines, 22 id. 590; Rowley & Co. v. Baugh, Mayor, etc., 33…
2Cases cited1 opinion
- Townsley v. MoreheadSupreme Court of Iowa · 1859
3Cited by1 opinion
- Simmons v. DolanSupreme Court of Iowa · 1909