Dessaint v. Foster
Supreme Court of Iowa
Ajpfeal from Scott District Court, PlaiNtiff filed a claim against the estate of which defendant is administrator, and caused defendant to be served with an original notice, which informed him that the claim would be for hearing at the February term, 1886, of the district court; the matter of the settlement of the estate having been previously transferred from the circuit to the district court.
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Ajpfeal from Scott District Court, PlaiNtiff filed a claim against the estate of which defendant is administrator, and caused defendant to be served with an original notice, which informed him that the claim would be for hearing at the February term, 1886, of the district court; the matter of the settlement of the estate having been previously transferred from the circuit to the district court. Defendant did not appear at that time to resist the allowance of the claim, and, upon a hearing, the court entered an order allowing it, and directing defendant to pay it out of the assets of the…
1Opinion of the CourtReed, J.
The motion to set aside the order allowing plaintiff’s claim was supported by the affidavit of defendant’s attorney, in which he testified that, when the original notice was served on defendant, he requested plaintiff’s attorney to inform the affiant of the filing of the claim; and that said attorney neglected to do that, but called up the claim at a time when neither defendant nor his attorney was in court, and procured its allowance. It is also alleged in the affidavit that plaintiff “ has no claim, in law or equity, against the estate.” It was on the showing contained in that affidavit…
2Cases cited1 opinion
- Foteaux v. LepageSupreme Court of Iowa · 1858
3Cited by7 opinions
- Clark v. BeverSupreme Court of the United States · 1891
- Dorris v. MillerSupreme Court of Iowa · 1898
- Ryan v. HutchinsonSupreme Court of Iowa · 1913
- McLeary v. DoranSupreme Court of Iowa · 1890
- Estate of Rabbett v. ConnollySupreme Court of Iowa · 1912
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