In re Pierson's Executors
Supreme Court of Iowa
Appeal from Des Moines District Court. The executors of the estate of John Pierson, deceased, were required by the County Court of Des Moines county, to make a report and showing of the condition of the estate, and of the demands and assets in their hands. On the coming in of this report, exceptions were filed by certain of the heirs, and such proceedings were had that an order was made for their removal, and the appointment of an administrator, with the will annexed.
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Appeal from Des Moines District Court. The executors of the estate of John Pierson, deceased, were required by the County Court of Des Moines county, to make a report and showing of the condition of the estate, and of the demands and assets in their hands. On the coming in of this report, exceptions were filed by certain of the heirs, and such proceedings were had that an order was made for their removal, and the appointment of an administrator, with the will annexed. This was on the 4th of January, A. D., 1862. The executors prayed an appeal on the 10th of the same month, and thereupon the…
1Opinion of the CourtWright, J.
The law provides that an appeal from a decision of the County Court shall he taken within thirty days from the day in which the decision was made, “ by claiming an appeal, and filing in the county office a bond with one or more sureties, and a penal sum to be approved by the county judge or clerk,” &c. (§ 267.) “ If the party entitled to an appeal fails, without fault on his part, to claim, or perfect, or prosecute his appeal, he may apply to the District Court, which, upon being satisfied of the matter, and that the case requires revision, may authorize an appeal to be taken upon such terms…
2Cited by2 opinions
- McIntire v. BaileySupreme Court of Iowa · 1907
- George v. ParkerSupreme Court of Iowa · 1864