Lilly Funeral Home v. Iowa-Des Moines National Bank & Trust Co.

(dissenting) — I am unable to agree with the majority opinion and therefore respectfully dissent.

The proceedings that are involved in this appeal are in the nature of a law action, inasmuch as proceedings in probate to establish claims are at law. McIntosh v. Brown, 159 Iowa 41, 43, 139 N. W. 926. This court’s consideration of this appeal should require us to consider it as we would such an action.

The record discloses that there were no pleadings other than the claimant appellant’s application for citation of the administrator to show cause why its claim should not be paid, the final report…