Muir v. Miller
Supreme Court of Iowa
AppeUl from, Van Burén Bistriet Courts — lion. D. C. Leggett,' Judge. Tiie plaintiff is the administrator of the- estate of Samuel J. Miller, deceased, who died in February, 1885, intestate, leaving no widow. lie was the father of seven children, — a daughter, whose death preceded his ; and sis sons, who survived him, namely, T. J., S. J., M. J., George, John and William. The daughter left three children surviving her, namely, A. and George Carnes and Mary Scotten.
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AppeUl from, Van Burén Bistriet Courts — lion. D. C. Leggett,' Judge. Tiie plaintiff is the administrator of the- estate of Samuel J. Miller, deceased, who died in February, 1885, intestate, leaving no widow. lie was the father of seven children, — a daughter, whose death preceded his ; and sis sons, who survived him, namely, T. J., S. J., M. J., George, John and William. The daughter left three children surviving her, namely, A. and George Carnes and Mary Scotten. On the twelfth day of September, 1884, Samuel J. Miller, being then eighty years of age, executed his' last will and testament,…
1Opinion of the CourtGrRANGER, J.
I. It is insisted to us that the action of the district court in sustaining the demurrer ' c¡S“-' was error. A ground of the demurrer is "that £<^e f8,0^3 therein stated show that the cause of action as therein stated is not a proper subject of equity jurisdiction.” It is not to be seriously questioned that the relief sought in the cross-petition is in the nature of a counterclaim. It asks affirmative relief in favor of the defendant against the plaintiff, and is a cause of action connected with the subject of the action brought by the plaintiff. Code, sec. 2659, subd. 2. As before stated,…
2Cases cited9 opinions
- Wormley v. HamburgSupreme Court of Iowa · 1874
- Lines v. LinesSupreme Court of Iowa · 1880
- Kavalier v. MachulaSupreme Court of Iowa · 1889
- Haywood v. SeeberSupreme Court of Iowa · 1883
- Stuart v. Hines & EamesSupreme Court of Iowa · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Allbright v. HannahSupreme Court of Iowa · 1897
- University of Chicago v. EmmertSupreme Court of Iowa · 1899
- Muir v. MillerSupreme Court of Iowa · 1897
- Palmer v. PalmerSupreme Court of Iowa · 1894
- Stewart v. GorhamSupreme Court of Iowa · 1904
1 more not listed; retrieve them via the Exa API.