Smith v. Cretors
Supreme Court of Iowa
Appeal from Union Distriot Gourt. — H. K. Evans, Judge. Suit in equity to determine whether or not the appellant, who is the mother of appellee Walter Quick, and was his guardian, should be decreed to pay over the proceeds of land sold by her, the claim being that the land sold belonged to the minor. The court so decreed, and Iva Cretors appeals.
1Opinion of the CourtSalinger, J.
The issue tried out was formed by a contest over whether the appellant should be removed as guardian, and this proceeding was finally so dealt with as that the trial court passed upon the questions presented in a suit in equity. The complainant has evidence which, if there be no tenable avoidance, we may assume justifies the decree appealed from. But while this may be so, if there is no bar to considering and giving weight to such evidence, we have first to decide whether a plea of estoppel by adjudication has been sustained, and whether the trial court was warranted in acting in disregard of…
2Cases cited17 opinions
- Indiana, Bloomington & Western Railway Co. v. AllenIndiana Supreme Court · 1888
- Curtis v. SutterCalifornia Supreme Court · 1860
- City of El Reno v. Cleveland-Trinidad Paving Co.Supreme Court of Oklahoma · 1910
- Green v. GlynnIndiana Supreme Court · 1880
- Merced Mining Co. v. FremontCalifornia Supreme Court · 1857
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3Cited by13 opinions
- Martin Bros. Box Co. v. FritzSupreme Court of Iowa · 1940
- Mollring v. MollringSupreme Court of Iowa · 1918
- Kolb v. MallSupreme Court of Iowa · 1919
- Sherman v. SmithSupreme Court of Iowa · 1918
- Bowen v. BowenSupreme Court of Iowa · 1935
8 more not listed; retrieve them via the Exa API.