In re Assignment of Holt
Supreme Court of Iowa
Appeal from Johnson District Court. The notice of assignment was published first the 28th day of January, 1876. Notice was mailed to each creditor the 29th day of January, 1876. . J. G. Abell filed a claim May 22d, 1876, and moved for an'order that he be paid a pro rata share.
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Appeal from Johnson District Court. The notice of assignment was published first the 28th day of January, 1876. Notice was mailed to each creditor the 29th day of January, 1876. . J. G. Abell filed a claim May 22d, 1876, and moved for an'order that he be paid a pro rata share. Other creditors who had filed claims within three months from the date of first publication resisted said Abell’s motion on the ground that his claim was filed more than three months after the date of first publication. The District Court sustained the motion. The other creditors appeal.
1Opinion of the Court
Adáms, J.
1. assignofflííng claim, By section 2120 of the Code it is made the duty of the assignee, at the expiration of three months from the time of first publishing notice, to report and file with the clerk of the court a list, under oath, of all such creditors of the assigmee as shall have claimed to be such, with a statement of their claims. By section 2121 it is provided that any person interested may appear within three months after filing such report and file with the clerk exceptions to the claim of any creditor. There is no provision requiring the assignee to make any other report…
2Cited by6 opinions
- Conlee Lumber Co. v. MeyerSupreme Court of Iowa · 1888
- Loomis v. GriffinSupreme Court of Iowa · 1889
- State Ex Rel. Marshall-Wells Co. v. District CourtMontana Supreme Court · 1925
- McKindley, Gilchrist & Co. v. NourseSupreme Court of Iowa · 1885
- H. B. Claflin Co. v. KelleyAppellate Court of Illinois · 1896
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