Farmers' Bank of Cuba City v. Wright
U.S. Circuit Court for the District of Northern Iowa
At Law. On demurrer to defendant’s plea in abatement and to the jurisdiction of the court. The plaintiff, a Wisconsin corporation, filed its petition against George Wright and W. H. Wasem as executors of the will of John Wasem, deceased, late of Wright county,.this state, to establish a claim against said estate based upon two promissory notes, aggregating $14,200, alleged to have been made; by the deceased in' his lifetime to A. H. Wasem or order, who then was, and still…
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At Law. On demurrer to defendant’s plea in abatement and to the jurisdiction of the court. The plaintiff, a Wisconsin corporation, filed its petition against George Wright and W. H. Wasem as executors of the will of John Wasem, deceased, late of Wright county,.this state, to establish a claim against said estate based upon two promissory notes, aggregating $14,200, alleged to have been made; by the deceased in' his lifetime to A. H. Wasem or order, who then was, and still is, a citizen of Wisconsin. The petition alleges that the deceased, John Wasem, a resident of Wright county, this state,…
1Opinion of the CourtReed, District Judge
(after stating-the facts as above). Defendant’s first plea challenges the right of the court to establish the claim against the estate of John Wasem, deceased, because- one of the co-executors of his will, who has qualified and is acting as such with *843defendant, is a citizen of South Dakota, has not appeared, and cannot be served with process within the jurisdiction of this court. It is not disputed that a nonresident creditor may establish his claim against the estate of his deceased debtor in the proper circuit court of the United States, the requisite amount and diversity of citizenship…
2Cases cited27 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- Case of Broderick's WillSupreme Court of the United States · 1875
- STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
- Farrell v. O'BrienSupreme Court of the United States · 1905
- Barney v. Baltimore CitySupreme Court of the United States · 1868
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3Cited by2 opinions
- Miami County Nat. Bank of Paola, Kan. v. BancroftCourt of Appeals for the Tenth Circuit · 1941
- Reconstruction Finance Corp. v. DingwellSupreme Court of Iowa · 1938