Michael v. Longman
Supreme Court of Iowa
Appeal from Harrison Circuit Court. The plaintiff, as guardian for Nancy Richardson and James R. Richardson, Jr., commenced an action against A. Longman, as administrator of Thomas Richardson, deceased, for money and property received by Thomas Richardson in his lifetime as guardian of the said Nancy and James R. Richardson and not accounted for.' On the 30th day of October, 1873, the cause was referred to E. Brannan.
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Appeal from Harrison Circuit Court. The plaintiff, as guardian for Nancy Richardson and James R. Richardson, Jr., commenced an action against A. Longman, as administrator of Thomas Richardson, deceased, for money and property received by Thomas Richardson in his lifetime as guardian of the said Nancy and James R. Richardson and not accounted for.' On the 30th day of October, 1873, the cause was referred to E. Brannan. On the 2d day of April, 1874, the referee proceeded to take evidence and hear the case, when the parties, by their attorneys, agreed in writing that either party should have…
1Opinion of the CourtDay, J.
The court erred in sustaining the motion to strike from the files the motion to set aside the referee’s report. Appellee refers to and relies upon section 2823 of the Code. This section refers to the bill of exceptions signed by the referee during the trial for the purpose of presenting questions not otherwise apparent of record. See Edwards & Beardsly v. Cottrell & Babcock, at the present term. It has no' reference to the exceptions to the report of the referee referred to in section 2821, which must be made to the court and may be embodied in a motion to set the report aside. On the 27th…
2Cases cited1 opinion
- Roberts v. CassSupreme Court of Iowa · 1869
3Cited by4 opinions
- Young v. ScovilleSupreme Court of Iowa · 1896
- Bolton v. KitsmanSupreme Court of Iowa · 1890
- Doyle v. DuckworthSupreme Court of Iowa · 1910
- Holdorf v. MillerSupreme Court of Iowa · 1936