Citizens' Bank v. Rhutasel
Supreme Court of Iowa
Appeal from Franklin Circuit Court. Action on a promissory note executed by defendant, N. J. Rhutasel. A writ of attachment ivas issued in the cause,- and was levied on certain personal property.
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Appeal from Franklin Circuit Court. Action on a promissory note executed by defendant, N. J. Rhutasel. A writ of attachment ivas issued in the cause,- and was levied on certain personal property. William Trigg, as administrator of tlie estate of Lawrence Rhutasel, deceased,, filed a petition of intervention, in which be alleged a claim to the attached property under a chattel mortgage, executed by defendant, N. J. Rhutasel, to Lawrence Rhutasel to secure a promissory note for $588. In bis answer to this petition plaintiff alleged that said chattel mortgage was given for the purpose of…
1Opinion of the CourtReeb, J.
1. administkatob: by whom appointed; evidence. On the trial intervenor offered in evidence his letters of administration. These letters were signed by the clerk of the circuit court, and were issued under , „ the seal ot that court, and were dated at a time when the court was in session in Franklin county. Plaintiff objected to the admission of said letters in evidence on the ground that the clerk had no power during the term of the court to appoint an administrator, but the objection was overruled.
It will be conceded that during the session of the court the power to appoint administrators is…
2Cases cited2 opinions
- Hale & Bro. v. GibbsSupreme Court of Iowa · 1876
- Sperry v. EtheridgeSupreme Court of Iowa · 1884
3Cited by12 opinions
- Osborn v. Massey-Ferguson, Inc.Supreme Court of Iowa · 1980
- First National Bank v. Minneapolis & Northern Elevator Co.North Dakota Supreme Court · 1902
- Harris v. SaundersWashington Supreme Court · 1919
- Bank of Orland v. FinnellCalifornia Supreme Court · 1901
- Donahoe v. HerrickIdaho Supreme Court · 1927
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