Sterritt v. Robinson
Supreme Court of Iowa
Appeal from Des Moines District Court. The plaintiffs action was brought in the District Court, against the defendant, as executor óf the estate of A. S. Robinson, deceased, upon a. promissory note made by the said A. S. Robinson and one James Robinson.
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Appeal from Des Moines District Court. The plaintiffs action was brought in the District Court, against the defendant, as executor óf the estate of A. S. Robinson, deceased, upon a. promissory note made by the said A. S. Robinson and one James Robinson. The defendant as such executor accepted service of the original notice, and judgment was entered by default, at the October Term, 1862, but corrected at the April Term, 1863, at plaintiff’s instance, so as to make it a judgment do bonis testatoris. At that time the defendant, who before this had made no objection to the proceeding or judgment,…
1Opinion of the CourtDillon-, J.
1. Jurisdiction: District Court. "We give to the appellant the benefit of any doubt as to whether this appeal was taken in time, and as to whether we have all of the evidence before us upon which the District Court acted in deciding the application to set aside the judgment, and proceed at once to the main question, which the record presents. It will be seen by reference to the statement that the petition was based upon a promissory note, and sought the enforcement of no lien. It falls within the provision of § 2395 of the Revision : “ Claims for a mere money demand, where no lien is to be…
2Cited by11 opinions
- In re the Guardianship of SallWashington Supreme Court · 1910
- Hanen v. LenanderSupreme Court of Iowa · 1916
- Manker v. Phoenix Loan Ass'nSupreme Court of Iowa · 1904
- McCrary v. DemingSupreme Court of Iowa · 1874
- Mullen v. CallananSupreme Court of Iowa · 1914
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