Hagen v. Nielsen

• Decision Date: 23 September 1938
• Docket Number: 44244.
• Citation: 281 N.W. 356,225 Iowa 127
• Parties: August F. HAGEN, Administrator of the Estate of August J. Hagen, deceased, Appellant, v. Peter NIELSEN, Administrator with the will annexed of the Estate of Frederick Nielsen, deceased, Appellee.
• Court: Iowa Supreme Court

281 N.W. 356

225 Iowa 127

August F. HAGEN, Administrator of the Estate of August J. Hagen, deceased, Appellant, v. Peter NIELSEN, Administrator with the will annexed of the Estate of Frederick Nielsen, deceased, Appellee.

No. 44244.

Supreme Court of Iowa.

September 23, 1938

Appeal from District Court, Carroll County; R. L. McCord, Judge.

Supplemental opinion on rehearing.

For former opinion, see 279 N.W. 94.

Reynolds, Meyers & Tan Creti, of Carroll, for appellant.

Helmer & Minnich, of Carroll, for appellees.

HAMILTON, Justice.

Through an evident misunderstanding of what counsel said in oral argument, there appears in the opinion a misstatement of fact, and by reason thereof the following: " Counsel, in oral argument, urged, as an excuse for not sooner serving the notice, the fact that there was no term of court at which the matter could have sooner been presented" is withdrawn from said opinion.

From the argument of counsel on petition for rehearing it appears that some uncertainty exists as to the result of the reversal of the trial court, and for the purpose of clarifying this matter the following is added to the closing sentence of the original opinion: " The case is remanded to the district court for further proceedings as if the motion to dismiss had been by the trial court overruled."