O'Brien v. Biegger

(dissenting) — I am unable to concur in the majority opinion and respectfully dissent therefrom.

The decree of the trial court states that by agreement of the parties the cause was “transferred to equity and to the equity side of the calendar for hearing, trial and determination by the court. ’ ’ The hearing in this court is, therefore, de novo. See In re Estate of Custer, 229 Iowa 1061, 295 N. W. 848, and cases there cited. The trial court ruled that the “claim of the defendant George A. Biegger, to the bank account * * * be and the same hereby is confirmed and established against any and all…