In re Anderson
Supreme Court of Iowa
Appeal from Jackson District Court.— Hon. A. J. House,. Judge. Alfred Carter filed in the matter of the estate of Elvina Anderson, deceased, a petition in which he alleged that certain moneys on deposit in the name of the said decedent in the American Savings Bank of Maquoketa were in fact owned, by him, and were so deposited in trust only.
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Appeal from Jackson District Court.— Hon. A. J. House,. Judge. Alfred Carter filed in the matter of the estate of Elvina Anderson, deceased, a petition in which he alleged that certain moneys on deposit in the name of the said decedent in the American Savings Bank of Maquoketa were in fact owned, by him, and were so deposited in trust only. He prayed an order upon the administrator of said estate, Sylvester Green, requiring him to release all claims to said moneys, and authorizing payment thereof to be made to him (said petitioner). To the petition thus filed, Green, administrator, appeared…
1Opinion of the CourtBishop, J.
I. Counsel for the petitioner, Carter, present the contention that the judgment entered is not such an one as that interveners, so called, may appeal therefrom. Conceding the right of said interveners to appear at all in the action a point not raised in the court below, nor in argument in this court we think the right to appeal existed, While the judgment entry did not refer to the interveners in terms, yet it amounted to a finding adverse to them, as well as to the administrator, and in favor of the ownership of'the money in Carter.
II. Counsel for petitioner, Carter, raise the further *672point…
2Cases cited1 opinion
- Steele v. MurrySupreme Court of Iowa · 1890
3Cited by19 opinions
- Seaboard All-Fla. Ry. Co. v. Levitt, Et Vir.Supreme Court of Florida · 1932
- Kintzel v. Wheatland Mutual Insurance Ass'nSupreme Court of Iowa · 1973
- Sleeper v. KillionSupreme Court of Iowa · 1914
- Des Moines National Bank v. BatesSupreme Court of Iowa · 1929
- McCullough v. ConnellySupreme Court of Iowa · 1907
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