Bates v. Estate of Howell
Supreme Court of Iowa
Appeal from Polh District Court. — W. H. McHenry, Judge. This was a proceeding in probate to establish a claim against the estate. The case was tried to a jury, and the claim was allowed and established in the sum of $15,300. The administrator appeals.
1Opinion of the CourtPreston, J.
Amnxismuv-AND ampnámraTs' lion of time Eo objection is urged by appellant to the claim, except as to the filing of the amended and substituted claim, The error relied upon for reversal is that the court erred in allowing the presentation to the jury of the amended and substituted claim, on the theory that it was not germane, but was an entirely separate and distinct claim from that originally presented. The statute of limitations is argued; but it is not strictly such, but only whether the amended and substituted claim, if it is a separate and distinct claim from that originally filed, was…
2Cases cited6 opinions
- Littell v. Webster CountySupreme Court of Iowa · 1911
- Bowie v. TrowbridgeSupreme Court of Iowa · 1912
- Chariton National Bank v. WhicherSupreme Court of Iowa · 1914
- Hunt v. TuttleSupreme Court of Iowa · 1904
- Sullivan v. HerrickSupreme Court of Iowa · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Claim of Hemmy v. HoenigSupreme Court of Iowa · 1941
- Newell v. Estate of NewellSupreme Court of Iowa · 1924
- In Re Estate of SkilesSupreme Court of Iowa · 1930
- Bossen v. HostetterSupreme Court of Iowa · 1952
- State Ex Rel. Paramount Publix Corp. v. District CourtMontana Supreme Court · 1931