In re Estate of Tobey
Supreme Court of Iowa
Appeal from Blaclchawlc District Court. — Hon. Eranklin C. Platt, Judge. Elisha Tobey died in 1896. On. June 16, 1898, the executors filed a petition averring, among other things, certain loans and advancements to his children, and prayed for an appropriate order for the distribution of the funds then on hand. An order was entered that $1,000 had by T. P. Tobey be treated as an advancement, and $350 loaned E. J. Tobey as a part of the assets of the estate, and they appeal.
1Opinion of the CourtLadd, J.
The report of the proceedings, as taken down in shorthand, was filed at the time of the trial, October 8, 1898, but not certified by the stenographer or judge, nor a transcript thereof filed, until Play 8, 1899. As the case terminated with the order of distribution, November 25, 1898, this was after a bill of exceptions might have been filed. The report of proceedings, taken down, certified, and filed in accordance with the provisions of section 3615 of the Code, is by it declared to “constitute a complete bill of exceptions.” That section works little change in the law as it formerly stood,…
2Cases cited2 opinions
- State v. WelshSupreme Court of Iowa · 1899
- Bunyan v. LoftusSupreme Court of Iowa · 1894
3Cited by3 opinions
- Dwyer v. RockSupreme Court of Iowa · 1901
- Berner v. JordanSupreme Court of Iowa · 1940
- Emery v. LeightonSupreme Court of Iowa · 1918