Rice ex rel. Jones v. Bolton
Supreme Court of Iowa
Appeal from Mahaska District Court. — HoN. W. G-. Clem-ENTS, Judge. Mary E. Bice died intestate January 18, 1890, seised of the east half southwest quarter section 17, township 77 north, of range 14, in Mahaska county. Her husband, David E. Bice, was appointed administrator of her estate', and on January 30, 1890, filed a petition praying for an order to sell said land.
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Appeal from Mahaska District Court. — HoN. W. G-. Clem-ENTS, Judge. Mary E. Bice died intestate January 18, 1890, seised of the east half southwest quarter section 17, township 77 north, of range 14, in Mahaska county. Her husband, David E. Bice, was appointed administrator of her estate', and on January 30, 1890, filed a petition praying for an order to sell said land. Notice was served on Freddie E. Bice, the only child of the deceased, then seven years old, to appear on the 2d day of the next term of court, which convened February 18, 1890; but a guardian ad litem was appointed on the…
1Opinion of the Court
Ladd, J. — ■
In an amendment to the petition the plaintiff alleged the execution of a mortgage on the land to Nash, and as against him asked full relief. Nash, by his attorney, filed a separate answer. But the notice of appeal was neither served on him nor his attorney. For this reason the motion to dismiss the appeal as to Nash is sustained.
*656„ I. Pleadings: filing; discretion. II. Tbe defendants, other than the administrator and Nash, answered on the 6th day of August, 1900. Afterward the files were lost, and the parties agreed that copies might be. substituted. The trial occurred on the 25th…
2Cases cited15 opinions
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