Reports of Cases in Law and Equity, Determined in the Supreme Court of the State of Iowa Volume 55

Reports of Cases in Law and Equity, Determined in the Supreme Court of the State of Iowa Volume 55

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 edition. Excerpt: ...and the assignee again directed to pay pro mta all the claims. The plaintiffs appeal. After much reflection, and with some doubts as to the correctness of our conclusion, we think the order of the District Court must be affirmed. The grounds upon which we rest our conclusion are as follows: It is provided by statute that the assignee shall notify each creditor to present his claim to him within a specified time, and within three months from giving such notice the assignee shall report and file with the clerk of the court a true and full, under oath, of all such creditors of the assignor as shall have claimed to be such, with a statement of their respective claims. Code, 2119, 2120. ' Within three months from filing such report, any person interested may appear and file with said clerk exceptions to the claim or demand of any creditor, and the clerk shall forthwith cause notice thereof to be given the creditor, which shall be returnable to the next term, _and the court shall proceed to hear the proofs and allegations of the parties in the premises, and shall render such judgment thereon as shall be just, and may allow a trial by jury thereon. If no such exception is filed the court shall order the assignee to make fair and equal dividend among the the creditors of the money in his hands. Code, 2121, 2122. As no claim is made to the contrary, it will be presumed the assignee gave the notices required by statute, and made the reports to the District Court as therein contemplated. lt is, therefore, evident said court had jurisdiction of the subject matter and the parties, at the time the order was made in November, 1878. The order was one the court, under the statute, had undoubted authority to make. This being so, it more

Product details

  • Paperback | 252 pages
  • 189 x 246 x 13mm | 458g
  • English
  • Illustrations, black and white
  • 1236793986
  • 9781236793980