Bankers Surety Co. v. Wyman
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Hugh Brennan, Judge. Action in equity to enjoin the collection of a judgment against a surety. There was a decree in the lower court dismissing the petition. The' plaintiff appeals.—
1Opinion of the Court
Evans, C. J. —
On the face of it, this case is very complicated in its facts and legal questions. A condensed statement of the pleadings alone covers seventy-five printed pages in the abstract, and the case'is submitted to us upon briefs covering more than three hundred and fifty pages. At the heart of it, however, there is less complication. It involves the question whether a surety on a new executor’s bond, ordered by the court for the stated purpose of discharging the original bond because of 'the death of the surety thereon and the pendency of his estate in probate, may nevertheless…
2Cases cited2 opinions
- Thayer v. Smoky Hollow Coal Co.Supreme Court of Iowa · 1903
- Fidelity & Deposit Co. v. BowenSupreme Court of Iowa · 1904
3Cited by5 opinions
- Southern Surety Co. v. TessumSupreme Court of Minnesota · 1929
- Des Moines Savings Bank v. KrellSupreme Court of Iowa · 1916
- State Ex Rel. Enyart v. DoudMissouri Court of Appeals · 1925
- Leach v. Commercial Savings Bank of Des MoinesSupreme Court of Iowa · 1927
- In Re Estate of DonlonSupreme Court of Iowa · 1927