Hutton v. Laws
Supreme Court of Iowa
Appeal from Cla/rhe Circuit Cornet. Action in equity to 'settle a partnership account, and also to set aside a certain administrator’s sale, and to cancel certain deeds. The defendant, E. M. Laws, and his brother, W. Y. Laws, were for several years prior to October 7,1870, partners, doing business as druggists and dealers in real estate, under the name of E. M. Laws & Bro., at Osceola, in Clarice county. On the "day aforesaid W. Y. Laws died intestate.
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Appeal from Cla/rhe Circuit Cornet. Action in equity to 'settle a partnership account, and also to set aside a certain administrator’s sale, and to cancel certain deeds. The defendant, E. M. Laws, and his brother, W. Y. Laws, were for several years prior to October 7,1870, partners, doing business as druggists and dealers in real estate, under the name of E. M. Laws & Bro., at Osceola, in Clarice county. On the "day aforesaid W. Y. Laws died intestate. The brother and surving partner, E. M. Laws, was appointed administrator of his estate. The plaintiffs, James L. Hutton and Homer R. Hutton,…
1Opinion of the Court
Adams, Oi-i. J.
— Since the rendition of the decree in the court below E. M. Laws has died, and M. E. Laws has been substituted as his administratrix.
i equitable adnüíüstra-1 tor-The fact that E. M. Laws is dead need not be considered in the determination of the case. If the decree was right when made it must be affirmed notwithstanding M. Laws himself cannot comply with the decree by making settlement with the probate court as the decree requires. Where an administrator dies a new administrator should be appointed in his place, and an administrator should also be appointed of the estate of…
2Cases cited2 opinions
- Mallett v. DexterU.S. Circuit Court for the District of Rhode Island · 1852
- Capers v. McCaaMississippi Supreme Court · 1867
3Cited by9 opinions
- Jennings v. SchmitzSupreme Court of Iowa · 1945
- Anderson v. MeierSupreme Court of Iowa · 1939
- Duffy v. DuffySupreme Court of Iowa · 1901
- First Methodist Episcopal Church v. HullSupreme Court of Iowa · 1938
- First National Bank v. GreenSupreme Court of Iowa · 1882
4 more not listed; retrieve them via the Exa API.