Schmid v. Kreismer
Supreme Court of Iowa
Appeal from Dubuque Circuit Court. The plaintiff filed in the Dubuque county circuit court a petition claiming of Johanna Kreismer, as administratrix of the estate of John Kreismer, deceased, the sum of $1658.25, and interest, alleged to be due from said estate upon account. The account was properly sworn to, and was admitted by the defendant, as follows: “ I hereby accept, service of notice of the within claim, and admit the correctness of the same.
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Appeal from Dubuque Circuit Court. The plaintiff filed in the Dubuque county circuit court a petition claiming of Johanna Kreismer, as administratrix of the estate of John Kreismer, deceased, the sum of $1658.25, and interest, alleged to be due from said estate upon account. The account was properly sworn to, and was admitted by the defendant, as follows: “ I hereby accept, service of notice of the within claim, and admit the correctness of the same. “ Johanna Kreismer, Admx.” The answer of the defendant denies indebtedness, and alleges that the admission of the claim was obtained through…
1Opinion of the Court
Day, Ch. J.
*480x. Evidence : admissions of administrator, *479— I. On the trial the court, against the defendant’s objection, permitted her written admission of the *480correctness of the claim to be read in evidence. This riding is assigned as error. The evidence shows that the defendant is the widow of John Kreismer. That Kreis- , mer died intestate and without issue; that his father and mother are dead, and 'that he has sisters résiding in Germany. That the defendant is not only a party to the record, but, as the heir of John Kreismer, she is personally and directly interested in the controversy.…
2Cases cited2 opinions
- McKenzie v. KitlerSupreme Court of Iowa · 1869
- Cheery v. McCorkleSupreme Court of Iowa · 1859
3Cited by2 opinions
- In Re Estate of ConnerSupreme Court of Iowa · 1948
- In Re Estate of ConnerSupreme Court of Iowa · 1948