SCHWENNEN v. ABELL

No. 90-285.

471 N.W.2d 880 (1991)

Elizabeth M. SCHWENNEN, Executor of the Estate of John G. Schwennen, Jr., Deceased, Plaintiff, v. William T. ABELL and Floyd County, Iowa, Defendants. William T. ABELL, Cross-Petitioner, v. John Karl SCHWENNEN, Defendant to Cross-Petition. Mary E. ABELL, Appellee, v. Elizabeth M. SCHWENNEN, Executor of the Estate of John G. Schwennen, Jr., Deceased, John Karl Schwennen and Floyd County, Iowa, Appellants.

Supreme Court of Iowa.

June 19, 1991.


Attorney(s) appearing for the Case

Donald H. Gloe and Linny C. Emrich of Miller, Pearson, Gloe, Burns, Beatty & Cowie, P.C., Decorah, for appellant.

Judith O'Donohoe of Eggert, Erb, Ott, O'Donohoe & Frye, Charles City, for appellee.

Considered by McGIVERIN, C.J., and LARSON, LAVORATO, NEUMAN, and SNELL, JJ.


LAVORATO, Justice.

In this comparative fault case we must decide whether the defendants are entitled to a credit for an excess payment they voluntarily made on a judgment that was subsequently reversed. The district court refused to give the defendants such a credit. We hold that the defendants were entitled to the credit. We reverse and remand with directions on this issue and on several other related issues raised by the defendants in their appeal.

In her...

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