Waples v. Marsh
Supreme Court of Iowa
Appeal from Dubuque District Court Plaintiffs are creditors of tbe estate of James Marsb, deceased, who departed this life in January, 1858, and the defendant, Ann J. Marsh, is the administratrix of said estate, duly appointed in February of the same year.
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Appeal from Dubuque District Court Plaintiffs are creditors of tbe estate of James Marsb, deceased, who departed this life in January, 1858, and the defendant, Ann J. Marsh, is the administratrix of said estate, duly appointed in February of the same year. The petition filed originally in the District Court, shows that plaintiffs’ claims have been duly allowed by the proper probate court, and that personal property came into the hands of the administratrix, for which she fails and refuses to account; that this property is insufficient to pay the costs of administration and the claims allowed;…
1Opinion of the CourtWright, J.
i. abate-moth» action pendingThe demurrer suggests that no copies of the orders of the County Court allowing plaintiffs’ claims are attached to the petition, and that it appears that another action is pending. These objections ^ i o o are not seriously urged here, and indeed could not well be, in view of an amendment made to the petition, and the condition of the record as it comes before us. The fact that administration had been granted by the County County, would not constitute another action pending so as to oust the jurisdiction of the District Court under a petition like that before us,…
2Cases cited6 opinions
- Thompson v. BrownNew York Court of Chancery · 1820
- Dicks v. HatchSupreme Court of Iowa · 1860
- Long v. BurnettSupreme Court of Iowa · 1862
- Seymour v. SeymourNew York Court of Chancery · 1820
- Sterritt v. RobinsonSupreme Court of Iowa · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Clark v. CressSupreme Court of Iowa · 1865
- Starry v. StarrySupreme Court of Iowa · 1866