Legal Opinion

Pickrell v. Hiatt

Supreme Court of Iowa

Decided October 29, 1890PublishedCited by 3 opinions

Appeal from Mahaska District Court. — How. David Ryan, Judge. , On January 24, 1889, appellant filed Ms claim, duly verified against the estate of J. E. Bailey, deceased, as follows: “ Tbe said Wm. Pickrell claims of said J. P. Hiatt, as administrator of said estate, the sum of seventy-five dollars as per the following statement: To one-third amount of judgment against J. E. Bailey, Wm.

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Appeal from Mahaska District Court. — How. David Ryan, Judge. , On January 24, 1889, appellant filed Ms claim, duly verified against the estate of J. E. Bailey, deceased, as follows: “ Tbe said Wm. Pickrell claims of said J. P. Hiatt, as administrator of said estate, the sum of seventy-five dollars as per the following statement: To one-third amount of judgment against J. E. Bailey, Wm. Pickrell and Anna P. Shaw, and in favor of Leighton & Moore, shown on judgment docket 5, page 210; said Pickrell having paid one-third of said judgment amounting to thirty - three dollars and seventy cents, at…

1Opinion of the Court

Giveít, J.

1- against estate demu?rer'nt: I. On this appeal, this court will only consider questions involved in the case and certified by the trial judge. Questions not involved in case n°t be considered, though certified, nor will questions involved be considered that are not certified. Code, sec. 3173. The case involves only the questions raised by the demurrer to appellant’s petition or statement of his claim, and are to be determined from the facts of the petition, and not from any statement or finding of facts not alleged therein. The trial judge certifies as facts matter not stated in…

2Cases cited3 opinions

  1. McLenon v. Kansas City, St. Joseph & Council Bluffs R'y Co.Supreme Court of Iowa · 1886
  2. Swails v. CissnaSupreme Court of Iowa · 1883
  3. Miller v. Buena Vista CountySupreme Court of Iowa · 1886

3Cited by3 opinions

  1. Holt v. DotySupreme Court of Iowa · 1922
  2. Breneman v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1894
  3. Estate of Le Clerc, Superior Court of California, County of San Francisco1887

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