Burt v. Harrah
Supreme Court of Iowa
Appeal from, Jasper Circuit Oourt. Tub plaintiff filed a claim against the estate of Titus B. Eldridge, by which he demanded a balance due to him in the sum of $15,728. An answer was filed by the administrator, pleading the statute of limitations as to part of the claim, and a counter-claim in the sum of $2,000, for professional services rendered by decedent as an attorney and counsellor at law, in an action in which plaintiff was a party, and at his request, and for $1,000…
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Appeal from, Jasper Circuit Oourt. Tub plaintiff filed a claim against the estate of Titus B. Eldridge, by which he demanded a balance due to him in the sum of $15,728. An answer was filed by the administrator, pleading the statute of limitations as to part of the claim, and a counter-claim in the sum of $2,000, for professional services rendered by decedent as an attorney and counsellor at law, in an action in which plaintiff was a party, and at his request, and for $1,000 for costs advanced and paid in said action at the request of defendant. He also set up a claim for the value of certain…
1Opinion of the CourtRothrock, J.
Section 2816 of the Code provides that, ‘ when the parties do not consent, the court may, upon the motion of either, or upon its own motion, direct a reference in either of the following cases: (1) When the trial of an issue of fact shall require the examination of mutual accounts, or when, the account being on one side only, it shall be made to appear to the court that it is necessary that the party on the other side should be examined as a witness to prove the account, in which case the referee may be directed to hear and report upon the whole issue, or upon any specific question involved…
2Cases cited3 opinions
- Fowle v. Lawrason'sSupreme Court of the United States · 1831
- McMartin v. BinghamSupreme Court of Iowa · 1869
- Blair Town Lot & Land Co. v. WalkerSupreme Court of Iowa · 1879
3Cited by7 opinions
- Galusha v. WendtSupreme Court of Iowa · 1901
- Mitchell v. BeckSupreme Court of Iowa · 1916
- Mayo v. HalleySupreme Court of Iowa · 1904
- Church v. Anti-Kalsomine Co.Michigan Supreme Court · 1898
- Garretson v. HarlanSupreme Court of Iowa · 1934
2 more not listed; retrieve them via the Exa API.