Goodrich v. Conrad
Supreme Court of Iowa
Appeal from Grundy District Court. Action at law, upon a promissory note, against defendant as administrator of the estate of Isaac H. Wiley, deceased. The petition, in addition to other proper averments, alleges that said note sued upon was filed in the County Court, within six months from the date of giving of notice by £he executor, of his appointment, and that the suit is prosecuted with the permission of the County Court.
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Appeal from Grundy District Court. Action at law, upon a promissory note, against defendant as administrator of the estate of Isaac H. Wiley, deceased. The petition, in addition to other proper averments, alleges that said note sued upon was filed in the County Court, within six months from the date of giving of notice by £he executor, of his appointment, and that the suit is prosecuted with the permission of the County Court. These, as well as all other material averments, are denied in defendant’s answer. The cause was tried by the court without a jury. From the bill of exceptions, it…
1Opinion of the CourtBeck, J.
1. etcdenoe : an estate. I. The certificate was not competent evidence to prove the facts therein stated. Matters of record are proven by properly authenticated transcripts, by copies verified by the oath of competent witnesses, or by the production and identification of the record itself. The certificate of the custodian of the record, stating its contents, is not admissible in proof thereof; neither would such certificate be received as evidence of the contents of a lost or destroyed record, and the same reason for the rule in these, cases will not admit proof of facts, which are required…
2Cases cited1 opinion
- Noble v. MorreySupreme Court of Iowa · 1865
3Cited by10 opinions
- Wise v. OuttrimSupreme Court of Iowa · 1908
- Moore v. McKinleySupreme Court of Iowa · 1882
- Rush v. RushSupreme Court of Iowa · 1877
- Sykes v. BeckNorth Dakota Supreme Court · 1903
- Wile v. WrightSupreme Court of Iowa · 1871
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