Davis v. Preston
Supreme Court of Iowa
This is a' proceeding by certiorari in this court to secure tbe annulment of a judgment rendered by defendant as judge of the district court in and for Washington county in a proceeding- in which the plaintiffs in this action were the plaintiffs, and Laura M. Graham, in her own right and as executrix of the last will of Wm. H. Graham, deceased, was defendant, by which judgment said will was confirmed and established on the prayer of the defendant as against plaintiffs.—
1Opinion of the CourtMcClain, C. J.
In the proceedings before defendant, as judge, in which the judgment was rendered which plaintiffs seek to have annulled in this proceeding, these plaintiffs, who were plaintiffs in the lower court, dismissed their action before the final submission of the case; but the defendant, Laura M. Graham, claimed the right to have a judgment in her favor establishing the will as against plaintiffs, notwithstanding the dismissal. This claim was based on allegations contained in her answer, that the will which plaintiffs were attacking had been duly admitted to probate, and that it was the last will…
2Cases cited3 opinions
- Tod v. CrismanSupreme Court of Iowa · 1904
- Porter v. ButterfieldSupreme Court of Iowa · 1902
- Bardes v. HutchinsonSupreme Court of Iowa · 1901
3Cited by18 opinions
- Jones v. MouldSupreme Court of Iowa · 1911
- Sear v. Clayton County Zoning Board of AdjustmentSupreme Court of Iowa · 1999
- State v. District CourtSupreme Court of Iowa · 1957
- McCarthy Co. v. Dubuque District CourtSupreme Court of Iowa · 1926
- Sinnott v. District Court of Clarke CountySupreme Court of Iowa · 1926
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