Teague v. Fortsch
Supreme Court of Iowa
Appeal from Fayelte District Court. — Hon. W. A. Hoyt, Judge. Appellees, Mary H. Teague and Lewis Mohlis, are the administratrix and administrator of the estate of Thomas Teague, deceased, and appellee Fortsch, is the purchaser of the real estate sold by them, as hereinafter stated. Appellant, on September 29,1891, filed a claim against said estate, which was allowed, on April 7, 1893, in the sum of two thousand, one hundred and seventy-three dollars and fifty-six cents.
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Appeal from Fayelte District Court. — Hon. W. A. Hoyt, Judge. Appellees, Mary H. Teague and Lewis Mohlis, are the administratrix and administrator of the estate of Thomas Teague, deceased, and appellee Fortsch, is the purchaser of the real estate sold by them, as hereinafter stated. Appellant, on September 29,1891, filed a claim against said estate, which was allowed, on April 7, 1893, in the sum of two thousand, one hundred and seventy-three dollars and fifty-six cents. He also held a claim against said estate, by assignment, in favor of Fred Teague, for one thousand two hundred and…
1Opinion of the CourtKinne, J.
*974 II. It is urged that, as this cause was, by consent of parties, tried upon written evidence, there was no necessity for a certificate of the judge; that, when the depositions were filed in the clerk’s office, they became a part of the record in the case, just as much so as the pleadings; and that in such a case all the evidence may be certified by either the clerk or judge. It may be conceded that the certificate of the clerk in this case is in form and substance *98sufficient, if any certificate by the clerk can be said to be a compliance with the provisions of the statute. In view of some of…
2Cases cited3 opinions
- Baldwin v. TuttleSupreme Court of Iowa · 1867
- Cross v. B. & S. W. R. Co.Supreme Court of Iowa · 1882
- Runge v. HahnSupreme Court of Iowa · 1888
3Cited by5 opinions
- Young v. ScovilleSupreme Court of Iowa · 1896
- Andrew v. Farmers Trust & Savings BankSupreme Court of Iowa · 1928
- Doyle v. DuckworthSupreme Court of Iowa · 1910
- Bauernfiend v. JonasSupreme Court of Iowa · 1897
- Smith v. BrownSupreme Court of Iowa · 1904