Voorhies & Co. v. Eubank
Supreme Court of Iowa
Appeal from, the Pottawatamie District Court. The county court of Pottawatamie county rendered a judgment in favor of the plaintiffs, against “the estate of S. T. Carey, deceased,” as defendant, for the .sum of $1,951,35. Prom this judgment, Martha E. Eubank, the executrix of Carey, appealed to the district court. In the district court, the executrix moved the court to dismiss the suit, for the reason that no notice of the hearing had been served on her, as required by law.
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Appeal from, the Pottawatamie District Court. The county court of Pottawatamie county rendered a judgment in favor of the plaintiffs, against “the estate of S. T. Carey, deceased,” as defendant, for the .sum of $1,951,35. Prom this judgment, Martha E. Eubank, the executrix of Carey, appealed to the district court. In the district court, the executrix moved the court to dismiss the suit, for the reason that no notice of the hearing had been served on her, as required by law. In support of this motion, the affidavit of D. W. Price was filed, to show that no notice had been given to the…
1Opinion of the CourtStockton, J.
— The motion by defendant to dismiss the suit, was correctly overruled. Although the record does not show that the county court acquired jurisdiction of the cause, in the manner prescribed by law, yet it appears by the entry of the county judge, that “the parties appeared,” and the hearing was continued until the regular term in August. At the August term, the transcript states that, “ by request of parties,” an auditor was appointed to audit the plaintiffs’ claim, and report to the court. At the November term, the auditor having reported that the estate of S. T. Carey was indebted to the…
2Cited by7 opinions
- Clark v. BeverSupreme Court of the United States · 1891
- Knoop v. AndersonDistrict Court, N.D. Iowa · 1947
- Western Securities Co. v. AtleeSupreme Court of Iowa · 1915
- Cooper v. LivingstonSupreme Court of Florida · 1883
- In re Estate of ScholesSupreme Court of Iowa · 1915
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