Oskaloosa Savings Bank v. Miller
Supreme Court of Iowa
Appeal from Mahaska District Court. — K. E. Willcockson, Judge. John W. McMillan died before his wife, Mary Ann McMillan, and died testate. Mary Ann McMillan and her son, W. H., executed a note to appellee, Oskaloosa Savings Bank. This is a controversy over whether Mary A. McMillan has an interest in the estate of her predeceased husband which may be subjected to the payment of said note.
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Appeal from Mahaska District Court. — K. E. Willcockson, Judge. John W. McMillan died before his wife, Mary Ann McMillan, and died testate. Mary Ann McMillan and her son, W. H., executed a note to appellee, Oskaloosa Savings Bank. This is a controversy over whether Mary A. McMillan has an interest in the estate of her predeceased husband which may be subjected to the payment of said note. In effect, the trial court held that she had such an interest, and the administratrix appeals.
1Opinion of the CourtSalinger, J.
I. Appellee moves a-dismissal because no notice of appeal was served on W. H. McMillan. Section 4111, Code, 1897, which, requires service on coparties, creates no substantive law. Before the passage of that statute, this court lacked the power to settle controversies where there ivas a fatal defect in parties. That is still so. It is a denial of due process of law to act, if necessary parties are not before the court. This statute merely declares how a fatal defect of parties may be avoided. It takes the place of summons awarded at common law, on motion of the plaintiff in error, that other…
2Cases cited10 opinions
- Hunt v. HawleySupreme Court of Iowa · 1886
- Twogood v. AlleeSupreme Court of Iowa · 1904
- Clayton v. SievertsenSupreme Court of Iowa · 1901
- Dillavou v. DillavouSupreme Court of Iowa · 1906
- Ash v. AshSupreme Court of Iowa · 1894
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3Cited by14 opinions
- Coggon State Bank v. WoodsSupreme Court of Iowa · 1931
- Griffel v. Northern Natural Gas CompanySupreme Court of Iowa · 1965
- Willard v. HutsonOregon Supreme Court · 1963
- Taylor v. Woodburn BankSupreme Court of Iowa · 1924
- In Re Estate of ShumakerSupreme Court of Iowa · 1943
9 more not listed; retrieve them via the Exa API.