Hess v. Hess
Supreme Court of Iowa
Appeal from Mahaska District Court. — TC E. Willcockson, Judge. This is a proceeding in probate, involving the distribution of the personal estate oí J. O. Hess, deceased.
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Appeal from Mahaska District Court. — TC E. Willcockson, Judge. This is a proceeding in probate, involving the distribution of the personal estate oí J. O. Hess, deceased. Mary E. Hess filed an application in the probate court, asking for an order of distribution whereby the administrator should be directed to turn over to the applicant all the personal property of the decedent, on the ground that it was all exempt property, and that the applicant was the common-law wife of the decedent at the time of his death. The application being contested, a hearing was had at the October, 1916, term,…
1Opinion of the CourtEvans, J.
1. New trial: timeliness in filing motion. The one point presented for our consideration by the appellant is that the motion for a new trial was not filed within three days after the entry of the decree of the court, and that the court, therefore, had no jurisdiction to consider the same. The parties are in dispute as to the state of the record upon which the plaintiff’s complaint is founded. The motion for a new trial was filed on November 11, 1916, during the October term. The plaintiff, as appellant, contends that the final decree was entered of record on November 3d, and her argument is…
2Cited by5 opinions
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- Freshour v. FreshourSupreme Court of Iowa · 1943
- Scott v. ManleySupreme Court of Iowa · 1949
- Fulton v. National Finance & Thrift Corp.Supreme Court of Iowa · 1942