Legal Opinion

Williams v. Des Moines Loan & Trust Co.

Supreme Court of Iowa

Decided November 15, 1904PublishedCited by 7 opinions

Appeal from Polk District Court.— How. James A. Howe, Judge. AppellaNt, Marquis, was appointed receiver of the Des Moines Loan & Trust Company, and in November of tbe year 1901 filed his final report and was by the. court discharged. This was an application to set aside the order of discharge, which was sustained by the trial court, and the receiver, Marquis, appeals.—

1Opinion of the Court

Deemer, O. J.—

The application to set aside the final order of discharge is bottomed upon (1) fraud in obtaining the same; (2) irregularity in procuring it; (3) failure to' give notice of the application for the order, or of the filing of the final report; (4) failure to assign the cause for the hearing, and to give notice by publication as required. It is claimed that the receiver failed to account for a large amount of property in his hands. Marquis was appointed in March, 1896. In June of the year 1891 the assets of the Des Moines Loan & Trust Company were ordered sold, and under permission…

2Cases cited3 opinions

  1. Steele v. MurrySupreme Court of Iowa · 1890
  2. Callanan v. VotrubaSupreme Court of Iowa · 1898
  3. Winter v. CoulthardSupreme Court of Iowa · 1895

3Cited by7 opinions

  1. King v. GoodSupreme Court of Iowa · 1928
  2. Woodward v. Carson, Pirie, Scott & Co.Supreme Court of Iowa · 1915
  3. Stewart v. State of CaliforniaCalifornia Court of Appeal · 1969
  4. Farmers Savings Bank of Shelby v. PomeroySupreme Court of Iowa · 1930
  5. Miller v. EverestSupreme Court of Iowa · 1973

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