Wheelhouse v. Bryant
Supreme Court of Iowa
Appeal from, Polk District Court. Action on an administrator’s bond. The petition sets out the death of the intestate, the appointment of the defendant, Bryant, as administrator of his estate, and the execution of the bond in suit by both of the defendants.
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Appeal from, Polk District Court. Action on an administrator’s bond. The petition sets out the death of the intestate, the appointment of the defendant, Bryant, as administrator of his estate, and the execution of the bond in suit by both of the defendants. The petition further avers that the administrator has received money, goods, chattels, wares and merchandise, rights, credits and choses in action, the property of said decedent, to the value of twelve hundred dollars; and that the covenants and conditions of said bond have been broken in this — that the said administrator has never made…
1Opinion of the CourtLowe, J.
— Suit on administrator’s bond, which ended in sustaining a demurrer to plaintiff’s petition, and dismissing the cause, upon the ground that the District Court had no original jurisdiction of this class or character of cases, but only appellate, when the cause is transferred by appeal from the court of the j udge of probate for revision or correction. This, we think, is simply a misapprehension. The judge of probate, to be sure, has jurisdiction over the administration and settlement of the estates of decedents; but there is nothing in the statutes defining the duties and powers of this…
2Cited by1 opinion
- Clark v. CressSupreme Court of Iowa · 1865