Bonney v. Bonney
Supreme Court of Iowa
Appeal from General Term, Second District (Van Burén County.) , Wednesday, August 31. The defendant (J. H. Bonney) was appointed the administrator of Jacob Lane, and made his bond, with the other defendants as his sureties. He made his final report, showing a balance of several hundred dollars in his hands, and resigned his trust.
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Appeal from General Term, Second District (Van Burén County.) , Wednesday, August 31. The defendant (J. H. Bonney) was appointed the administrator of Jacob Lane, and made his bond, with the other defendants as his sureties. He made his final report, showing a balance of several hundred dollars in his hands, and resigned his trust. Plaintiff (S. E. Bonney) was thereupon appointed administrator de bonis non, and brings this action upon the bond made by the first administrator, claiming a portion of the amount reported as in his hands on his final settlement, as also for a large sum over and…
1Opinion of the CourtWeight, J.
1. demtjkrer : practice. The appellant very correctly insists, that as the demurrer was to the whole answer, some parts and divisions of which are undeniably good, as against the grounds of demurrer now before us it should have been overruled. This is clear enough upon principle, and has been more than once so ruled by this court. See Singer v. Cavers, 26 Iowa, 178; Zapple v. Rush, 20 id. 99; Edmunds v. Cochrane, 12 id. 488; Jarvis v. Worick, 10 id. 29; Coon v. Jones, id. 131.
2. release : joint obligors. But other questions have been argued, and are important to the speedy settlement of this…
2Cases cited3 opinions
- Seymour & Co. v. ButlerSupreme Court of Iowa · 1859
- Corielle v. AllenSupreme Court of Iowa · 1862
- Singer v. CaversSupreme Court of Iowa · 1868
3Cited by16 opinions
- Gordon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
- Bolton v. ZieglerDistrict Court, N.D. Iowa · 1953
- Bell v. Perry & TownsendSupreme Court of Iowa · 1876
- Pettigrew Machine Co. v. HarmonSupreme Court of Arkansas · 1885
- Ryan v. BeckerSupreme Court of Iowa · 1907
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