Ivers v. Ivers
Supreme Court of Iowa
Appeal from Guthrie Circuit Court. The plaintiff, as administrator of tlie estate of Martha Ivers, deceased, brings this action to recover of the defendant the value of certain property which, it is alleged, belonged to the estate of decedent, and which, it is claimed, the defendant took possession of and appropriated. The cause was tried to a jury, and verdict and judgment were rendered for plaintiif in the sum of $1,124.70. The defendant appeals.
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Appeal from Guthrie Circuit Court. The plaintiff, as administrator of tlie estate of Martha Ivers, deceased, brings this action to recover of the defendant the value of certain property which, it is alleged, belonged to the estate of decedent, and which, it is claimed, the defendant took possession of and appropriated. The cause was tried to a jury, and verdict and judgment were rendered for plaintiif in the sum of $1,124.70. The defendant appeals. The material facts are stated in the opinion.
1Opinion of the Court
Day, Ch. J.
í estates of proceedings assets?°eífect of party summonea. — I. The defendant set up in his answer that there had been an adjudication of the matters now in conUoversy. The proceeding relied upon as an adjudication was instituted under sections 2379 and 2380 of the Code, in which proceeding the court found that the administrator was not entitled ^ an order for the delivery of the property in question. The plaintiif demurred to this portion of the answer, and the demurrer was sustained.
This action of the court is assigned as error. These sections merely authorize the summoning and…
2Cases cited3 opinions
- Wormley v. HamburgSupreme Court of Iowa · 1874
- Smyth v. SmythSupreme Court of Iowa · 1868
- Zerbe v. ReigartSupreme Court of Iowa · 1875
3Cited by11 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Maasdam v. Estate of MaasdamSupreme Court of Iowa · 1946
- O'Brien v. BieggerSupreme Court of Iowa · 1943
- Wylie v. CharltonNebraska Supreme Court · 1895
- Linnemann v. KirchnerSupreme Court of Iowa · 1920
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