County of Linn v. Day
Supreme Court of Iowa
Appeal from, Linn District Court. For five years previous tp the 1st day of January, 1860, the decedent, N. M. Day, was the recorder and treasurer of Linn county. In his settlement with the county judge, as the law required, two errors or mistakes were made, both against the county, amounting in the aggregate to four hundred and seventy-six dollars and four cents.
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Appeal from, Linn District Court. For five years previous tp the 1st day of January, 1860, the decedent, N. M. Day, was the recorder and treasurer of Linn county. In his settlement with the county judge, as the law required, two errors or mistakes were made, both against the county, amounting in the aggregate to four hundred and seventy-six dollars and four cents. When discovered, the defendant was asked to correct the same, which she refused to do, and thereupon the plaintiff obtained permission to prosecute its remedy in the District'Court. This proceeding in chancery followed, asking the…
1Opinion of the CourtLowe, J.
The errors complained of are: First, that the Court erred in holding that the claim should have been sworn to and' filed in the Probate Court. Secondly, in rendering judgment for defendant typon the facts found and entered of record.
The assignment is well made, and the errors must be sustained. The gist of the complaint (that of correcting a mistake in a settlement), is one first to be ascertained, and until the settlement is opened, and the error corrected, the plaintiff had not, in contemplation of law, any claims which he could swear to or file in the County Court. Besides, our…
2Cited by1 opinion
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