Legal Opinion

Davis v. Shawhan

Supreme Court of Iowa

Decided March 29, 1871PublishedCited by 7 opinions

Appeal from Keokuk District Court. This is an action to recover of the estate of Alfred Reeves, deceased, the amount of a judgment obtained by John Tresler against said Alfred Reeves on the 25th day of October’, 1857. The cause was before this court at the December term, 1870, on appeal from the ruling of the district court sustaining a demurrer to a petition in equity ashing that the lien of the judgment be revived.

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Appeal from Keokuk District Court. This is an action to recover of the estate of Alfred Reeves, deceased, the amount of a judgment obtained by John Tresler against said Alfred Reeves on the 25th day of October’, 1857. The cause was before this court at the December term, 1870, on appeal from the ruling of the district court sustaining a demurrer to a petition in equity ashing that the lien of the judgment be revived. This ruling was held to be erroneous and the cause remanded. An amended petition was filed substantially complying with the law as then held. The cause was tried by the court,…

1Opinion of the CourtMidler, J.

1. Administrator: enforcement of judgements. This cause was first before us at the December term, 1870, on a demurrer to plaintiff’s petition, and at the June term, 1871, on appeal from the finding and judgment of the court on a trial on merits. On the first appeal the ruling of the district court, sustaining a demurrer to plaintiff’s petition, was reversed and the cause remanded. On the second appeal it was found that the finding and judgment of the district court on the trial was in substantial accord with our holding on the first appeal, and entertaining *93doubts of the correctness of our'…

2Cases cited1 opinion

  1. Baldwin v. TuttleSupreme Court of Iowa · 1867

3Cited by7 opinions

  1. Mosher v. GoodaleSupreme Court of Iowa · 1906
  2. James v. WeismanSupreme Court of Iowa · 1913
  3. Hansen's Empire Fur Factory v. TeaboutSupreme Court of Iowa · 1898
  4. Northwestern Land & Investment Co. v. OstremSupreme Court of Iowa · 1924
  5. Boyd v. CollinsSupreme Court of Iowa · 1886

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