Shomo v. Bissell
Supreme Court of Iowa
Appeal from Dubuque District Court. Bissell is tbe administrator of tbe estate of A. W. Lyman, who died in September, 1856. Notice of administration was given and completed in November of that year.
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Appeal from Dubuque District Court. Bissell is tbe administrator of tbe estate of A. W. Lyman, who died in September, 1856. Notice of administration was given and completed in November of that year. Lyman was plaintiff’s partner from 1850 until 1854. In May, 1864, plaintiff filed in the County Court his claim against said estate growing, for the most part, out of said partnership business, amounting to over $6,000. He was unsuccessful in the County and District Courts, and prosecutes this appeal.
1Opinion of the CourtWright, J.
i bxecu™miots.Uowance of* claims; eSrcum-e stances. If it appeared, as plaintiff claims, that District Court disposed of the case by sustaining defendant’s motion filed in the County Court “ to dismiss the claim,” we should be inclined to ... °Pin1011 ™at such an order would have been emmeous. The record shows, however, that, on the appeal, the claim was heard on the “ pleadings and stipulations” of the parties, and judgment rendered for the defendant.
*69Plaintiff’s claim was filed more than eighteen months after notice by the administrator of his appointment; it was not pending in the District…
2Cases cited3 opinions
- Brewster v. KendrickSupreme Court of Iowa · 1864
- McCormack v. CookSupreme Court of Iowa · 1860
- Preston v. DaySupreme Court of Iowa · 1865
3Cited by3 opinions
- Federal Land Bank v. BonnettSupreme Court of Iowa · 1939
- Senat v. FindleySupreme Court of Iowa · 1879
- Potter v. BrentlingerSupreme Court of Iowa · 1902