Alice E. Mining Co. v. Blanden
U.S. Circuit Court for the District of Northern Iowa
On Demurrer to the Petition. August 6, 1904, the plaintiff filed its petition in this court, in two counts, against Chas.
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On Demurrer to the Petition. August 6, 1904, the plaintiff filed its petition in this court, in two counts, against Chas. G. Blanden, a citizen of Illinois, and J. W. Campbell, a citizen of Iowa, as special administrators of the estate of Leander Blanden, deceased, as defendants, from the allegations of which, as subsequently amended, it appears that the plaintiff is a corporation organized under the laws of Kentucky; that Leander Blanden, a citizen of Iowa, residing in Webster county, therein, died testate in that county April 21, 1904; that by his will the deceased appointed said Chas. G.…
1Opinion of the CourtReed, District Judge
(after making the foregoing statement). The demurrer challenges the right of the plaintiff to recover upon the grounds (1) that this court is without jurisdiction of the subject-matter of the action, because the plaintiff has not filed its claim against the estate of the deceased, in the proper probate court of Webster county, since the will was proved and the executors qualified; and (2) that the note due August 15, 1894, is barred by the statute of limitations.
That a nonresident creditor may establish his claim or debt in the courts of the United States against the personal representatives…
2Cases cited21 opinions
- Byers v. McAuleySupreme Court of the United States · 1893
- Hanger v. AbbottSupreme Court of the United States · 1868
- Bauserman v. BluntSupreme Court of the United States · 1893
- Suydam v. BroadnaxSupreme Court of the United States · 1840
- Clark v. BeverSupreme Court of the United States · 1891
16 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Robitaille v. MumaughSupreme Court of Oklahoma · 1934
- Farmers' Bank of Cuba City v. WrightU.S. Circuit Court for the District of Northern Iowa · 1908
- United States v. LazenbyDistrict Court, N.D. Texas · 1925
- Flanigan v. KimballSupreme Court of Iowa · 1913
- Heckman v. KassingIndiana Court of Appeals · 1921