Karr v. Stivers
Supreme Court of Iowa
Ajpjoeal from Clarice Circuit Court. The plaintiff filed in tbe circuit court of Clarke county a petition, claiming of the defendant the sum of $2,300.20 upon an account, the various items of which were attached to the petition. The defendant filed an answer as follows: “ Being satisfied with the correctness of the above claim, it is admitted with a set-off of $163.68, being the amount of a promissory note to C. O. Karr.”
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Ajpjoeal from Clarice Circuit Court. The plaintiff filed in tbe circuit court of Clarke county a petition, claiming of the defendant the sum of $2,300.20 upon an account, the various items of which were attached to the petition. The defendant filed an answer as follows: “ Being satisfied with the correctness of the above claim, it is admitted with a set-off of $163.68, being the amount of a promissory note to C. O. Karr.” The plaintiff called up the cause, and asked the court to rule upon the claim as presented in the petition and answer, and thereupon the court required proof, and the…
1Opinion of the CourtDay, J.
1. Administrator: administration of claims. I. It is claimed by appellant, that upon the filing of an answer by the administrator, admitting the correctness of a claim against the estate, the court has no discretion to hear further proof, but must render judgment for the amount admitted to be due. This position ignores the provisions of the statute, section 19, chapter 158, Thirteenth General Assembly, as follows: “ The executor may, with the approbation of the court, admit claims with the correctness of which he is satisfied, but not until the claimant has sworn to their correctness.”…
2Cases cited1 opinion
- Veiths v. HaggeSupreme Court of Iowa · 1859
3Cited by4 opinions
- Security Co. v. GraybealSupreme Court of Iowa · 1892
- In Re Estate of NicholsonSupreme Court of Iowa · 1941
- Byer v. HealySupreme Court of Iowa · 1891
- Kossuth County State Bank v. RichardsonSupreme Court of Iowa · 1906