Legal Opinion
Ritter v. Dagel
Supreme Court of Iowa
Decided February 6, 1968No. 52737PublishedCited by 19 opinions
1Opinion of the Court
GARFIELD, Chief Justice.
This appeal involves an important question as to the time within which a law action to set aside probate of a will under Iowa Probate Code, chapter 633 Code 1966, must be commenced and the manner of commencing it.
More particularly, the question is whether the statute of limitations for the commencement of such an action is tolled by the filing of the petition or is plaintiff also required to deliver an original notice thereof to the sheriff of the proper county with intent that it be served immediately.
The trial court held merely filing the petition is insufficient. We…
2Cases cited28 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- D. Ginsberg & Sons, Inc. v. PopkinSupreme Court of the United States · 1932
- Hanover National Bank v. MoysesSupreme Court of the United States · 1902
- In Re Estate of SwansonSupreme Court of Iowa · 1948
- Rath v. Rath Packing CompanySupreme Court of Iowa · 1965
23 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Wilson v. Iowa CitySupreme Court of Iowa · 1969
- Cedar Memorial Park Cemetery Ass'n v. Personnel Associates Inc.Supreme Court of Iowa · 1970
- Gigilos v. StavropoulosSupreme Court of Iowa · 1975
- Koppes v. PearsonSupreme Court of Iowa · 1986
- Dobrovolny v. ReinhardtSupreme Court of Iowa · 1970
14 more not listed; retrieve them via the Exa API.