Casey v. Stewart
Supreme Court of Iowa
This is an original proceeding in tbe Supreme Court. Tbe plaintiffs are tbe lieirs at law and devisees of John B. Casey, wbo died in tbe State of Kentucky. Tbe defendant, Stewart, was appointed administrator of said estate in Iowa.
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This is an original proceeding in tbe Supreme Court. Tbe plaintiffs are tbe lieirs at law and devisees of John B. Casey, wbo died in tbe State of Kentucky. Tbe defendant, Stewart, was appointed administrator of said estate in Iowa. Tbe plaintiffs asked a writ of certiorari, and one was issued, on the grounds that the Circuit Court of Linn county exceeded its jurisdiction and otherwise acted illegally in ordering and approving the sale of certain real estate in this State on the application of the administrator aforesaid. John B. Casey made and executed a will which was probated in the State…
1Opinion of the Court
Seevers, Ch. J.
In the petition asking the writ several objections are suggested which it is claimed, under the proceedings in the Circuit Court, are invalid, but which are not argued by counsel. They will be disregarded. It is of course conceded that- if the Circuit Court had jurisdiction mere error will not render the proceedings void. It is not, and cannot be successfully, claimed that the Circuit Court did not have jurisdiction of the subject matter: that is, the appointment of an administrator and the sale of the lands to pay debts against the estate which had been duly allowed. The only…
2Cited by4 opinions
- State v. RichardsSupreme Court of Iowa · 1905
- Funk v. Carroll CountySupreme Court of Iowa · 1895
- Williamson v. KelleySupreme Court of Iowa · 1978
- Capper v. SibleySupreme Court of Iowa · 1885