Legal Opinion

Craig v. Estate of Craig

Supreme Court of Iowa

Decided November 21, 1914PublishedCited by 16 opinions

Appeal from, Johnson District Court. — Hon. B. P. Howell, Judge. Proceedings to establish a claim against the estate of Edward Craig, deceased. On the theory that the claim was not.filed in time, claimant pleaded equitable circumstances excusing the delay, and upon trial to the court these circumstances were held sufficient.

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Appeal from, Johnson District Court. — Hon. B. P. Howell, Judge. Proceedings to establish a claim against the estate of Edward Craig, deceased. On the theory that the claim was not.filed in time, claimant pleaded equitable circumstances excusing the delay, and upon trial to the court these circumstances were held sufficient. A jury was then called to pass upon the claim, and at the conclusion of the testimony the trial court directed a verdict for the claimant, and the objecting heirs appeal.

1Opinion of the CourtDeemer, J.

There is much dispute between counsel over the record, which, according to the certified transcript, is plain and could easily have been abstracted. But the record is such that we have been compelled to resort to these transcripts for the facts. Appellee’s counsel say in argument there are no transcripts; but we find two which bear the proper filing marks and have come to us with the other papers, and we must assume they are properly before us. Many motions are also filed in the case; among them a motion to dismiss the appeal because of insufficiency of the notice.

It is manifestly sufficient…

2Cases cited19 opinions

  1. Barto v. Sioux City Electric Co.Supreme Court of Iowa · 1903
  2. State v. WilliamsSupreme Court of Iowa · 1865
  3. Sankey v. CookSupreme Court of Iowa · 1891
  4. Thomas v. DesneySupreme Court of Iowa · 1881
  5. Brewster v. KendrickSupreme Court of Iowa · 1864

14 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. In Re Estate of NewsonSupreme Court of Iowa · 1928
  2. In Re Estate of StratmanSupreme Court of Iowa · 1942
  3. Wilson v. ElseSupreme Court of Iowa · 1927
  4. In Re Estate of NicholsonSupreme Court of Iowa · 1941
  5. Spicer v. Administrator of the Estate of SpicerSupreme Court of Iowa · 1925

11 more not listed; retrieve them via the Exa API.

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