Smith, Murphy & Co. v. Shawhan
Supreme Court of Iowa
Appeal from Keokuk Circuit Court. Monday, December 8. The plaintiffs in their petition state that the defendant is the administrator of the estate of A. Reeves, deceased. That on the 14th day of September, 1858, said estate being indebted to plaintiffs in the sum of $185.40 on a promissory note, they filed in the county court of Keokuk county their said claim, which was duly sworn to according to law.
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Appeal from Keokuk Circuit Court. Monday, December 8. The plaintiffs in their petition state that the defendant is the administrator of the estate of A. Reeves, deceased. That on the 14th day of September, 1858, said estate being indebted to plaintiffs in the sum of $185.40 on a promissory note, they filed in the county court of Keokuk county their said claim, which was duly sworn to according to law. That said claim was on said day duly allowed by the said administrator, and by the court. That the same has not been paid in whole or in part. That the administrator has funds in his hands, but…
1Opinion of the CourtMiller, J.
The appellant relies alone upon the statute of limitations to defeat the plaintiffs recovery. It is the only question presented by him in argument. His plea is based upon the fourth subdivision of section 2740 of the Revision, which limits the prosecution of actions, for the causes therein enumerated, to ten years.
The position taken by appellant in his argument is, that the .filing and allowance of the plaintiff’s claim in the county court was, and is, to be considered as a judgment in that court; that the county court was not a court of record, and that an action on a judgment therein…
2Cases cited3 opinions
- Foteaux v. LepageSupreme Court of Iowa · 1858
- Braught v. GriffithSupreme Court of Iowa · 1864
- Hays v. HorineSupreme Court of Iowa · 1861
3Cited by8 opinions
- Clark v. BeverSupreme Court of the United States · 1891
- Knoop v. AndersonDistrict Court, N.D. Iowa · 1947
- Coffey v. GambleSupreme Court of Iowa · 1902
- Estate of Rabbett v. ConnollySupreme Court of Iowa · 1912
- Merchants National Bank v. BakerSupreme Court of Iowa · 1939
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