Duhaime v. Rowe
Supreme Court of Iowa
Appeal from Woodbury District Court. — W. G. Sears, Judge. Action by plaintiff, to recover $218.55 for costs expended by him, and attorney’s fees paid and owed in a prior action brought by plaintiff to remove defendant as administrator. Trial to the court, upon an admitted statement of facts. The trial court found for the defendant, and entered judgment against plaintiff. The plaintiff appeals. —
1Opinion of the CourtPreston, J.
— It appears that, in April, 1915, a daughter of deceased’s made application to the Woodbury district court, and secured the appointment of defendant as the administrator. The application alleged that deceased, at the time of his death, was a resident of Woodbury County. At the time of said application, the daughter was the only person entitled to petition for the appointment of an administrator. Under such appoint*1124meut, and under the order of the Woodbury district court, defendant administered said estate. On May 25, 1915, plaintiff, as creditor of deceased, petitioned the district court of…
2Cases cited3 opinions
- Dorris v. MillerSupreme Court of Iowa · 1898
- Duhaime v. RoweSupreme Court of Iowa · 1917
- Ward v. BevillSupreme Court of Alabama · 1846