Lawrence v. Thomas
Supreme Court of Iowa
Appeal from Franklin District Court. — Hon D. E. Hindman, Judge. Appeal from an order appointing a guardian. The appellant having been appointed by the clerk of the district court guardian of the person and property of Fleta Thomas, a minor aged three years, the appel-lees filed their petition, under section 14, chapter 134, of Acts of the Twenty-First Greneral Assembly, asking the court to review the action of the clerk to set aside said appointment, a,nd to appoint one of…
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Appeal from Franklin District Court. — Hon D. E. Hindman, Judge. Appeal from an order appointing a guardian. The appellant having been appointed by the clerk of the district court guardian of the person and property of Fleta Thomas, a minor aged three years, the appel-lees filed their petition, under section 14, chapter 134, of Acts of the Twenty-First Greneral Assembly, asking the court to review the action of the clerk to set aside said appointment, a,nd to appoint one of them or some other suitable person. William Thomas having answered, the issues were submitted to the court, and, after…
1Opinion of the CourtG-iven, J.
I. The first contention to be noticed is whether this case is triable de novo in this court. We 1. Guardian and ward: appointment of guardian by clerk: proceedings to review: appeal: practice in supreme court. understand from the record that the case was submitted in the district court, and tried upon oral testimony taken by the reporter, without any agreement of counsel . , * or decision of the court as to the method by which it was tried. It is not a civil action, as defined in section 2505 of the Code, as it is not for the enforcement or protection of a private right or the prevention or…
2Cases cited1 opinion
- Burger v. FrakesSupreme Court of Iowa · 1885
3Cited by19 opinions
- Smith v. ADM Feed Corp.Supreme Court of Iowa · 1990
- Finken Ex Rel. Finken v. PorterSupreme Court of Iowa · 1955
- In re Guardianship of WaiteSupreme Court of Iowa · 1920
- Hruska v. FaheySupreme Court of Iowa · 1941
- Matter of Guardianship of MurphySupreme Court of Iowa · 1986
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