Riddle v. Backus
Supreme Court of Iowa
Appeal from Des Moines Circuit Cowrt. Action upon a promissory note. Judgment for plaintiff for $1,456.58. Defendant appeals. The facts are stated in the opinion.
1Opinion of the CourtDay, J.
— The plaintiff filed his petition and amended petition, as executor of the estate of Hannah Backus, claiming of defendant the amount of a promissory note. Neither of these petitions was verified.
*431The defendant answered denying plaintiff’s capacity to sue, and claiming $2,500 for work done.
The plaintiff demurred upon the ground that the claim is barred; that it was not presented to, or allowed by, the executor ; that it is not sworn to.
The demurrer was sustained as to the last ground, and overruled as to the others.
Defendant thereupon filed an amendment to his answer, which was properly…
2Cited by2 opinions
- Sloanaker v. HowertonSupreme Court of Iowa · 1918
- Conner v. HenrySupreme Court of Iowa · 1927