Elder v. Littler
Supreme Court of Iowa
Appeal from Monroe District Court. \ Action for damages against defendant as administrator de son tort of the estate of William Littler, deceased, for .the breach, of a covenant of warranty. The plaintiff, in his petition, represents that defendant has obtained money belonging to the deceased which he, plaintiff, now seeks to subject to the payment of his claim for damages.
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Appeal from Monroe District Court. \ Action for damages against defendant as administrator de son tort of the estate of William Littler, deceased, for .the breach, of a covenant of warranty. The plaintiff, in his petition, represents that defendant has obtained money belonging to the deceased which he, plaintiff, now seeks to subject to the payment of his claim for damages. The defendant filed a demurrer to this petition which was sustained by the court, and from this ruling plaintiff appeals.
1Opinion of the Court
Baldwin, Ch. J.
It is claimed in argument by the counsel of appellant that the plaintiff, under the provisions of the statute, could not prosecute this suit originally in the District Court without first having obtained an order from the County Court to that effect. It is a sufficient answer to this position to say that no such question was made in the court below for its consideration. The only error assigned is the ruling of the court upon the demurrer. This decision of the court is claimed to be correct by appellee, under the peculiar language of our Statute in relation to this character of…
2Cited by6 opinions
- City of Dubuque v. Illinois Central RailroadSupreme Court of Iowa · 1874
- Cooley v. BrownSupreme Court of Iowa · 1870
- French v. FrenchSupreme Court of Iowa · 1894
- Baldridge v. EvansSupreme Court of Iowa · 1917
- Madison v. ShockleySupreme Court of Iowa · 1875
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