Hendron v. Kinner
| Decision Date | 06 February 1900 |
| Parties | HENDRON ET AL. v. KINNER ET AL. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Supplemental opinion. For original opinion, see 80 N. W. 419.
The distinction between an action in equity to set aside an order entered by the probate court, and an application filed in that court asking that an allowance of a claim be set aside because improvidently made, seems to be lost sight of by the appellees in their petition for rehearing. Chancery will grant no relief in such a case, in the absence of a showing of fraud or mistake in the procurement of the order. Whether this is essential when the application is addressed to the probate court, was neither involved nor determined.
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14 cases
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Freeman v. Wood
...Sugar Co. v. Porter, 9 P. 313; Baker v. Riordan, 4 P. 232; Brennan v. Bridge Company, 47 A. 668; Williams v. Pyle, 56 S.W. 833; Hendron v. Kinner, 81 N.W. 783; v. Smith, 80 N.W. 273; Stong v. Gilbertson, 14 Mo. 116; Maberry v. McClurg, 51 Mo. 256; Mock v. Pleasants, 34 Ark. 63; Hackley v. D......
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DeVries' Estate, In re
... ... 46 Am.Jur.2d, Judgments, section 800 (1969). Cf. Hendron v. Kinner, 110 Iowa (544, 549, 80 N.W. 419, 420 (1900), (modified at 81 N.W. 783) and In re Estate of Mary Ann Nicholson, 230 Iowa 1191, 1208, 300 ... ...
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McIntosh v. Brown
... ... W. 148.[3][4] Such proceedings when to establish claims are at law. Mosher v. Goodale, 129 Iowa, 719, 106 N. W. 195;Hendron v. Kinner, 110 Iowa, 544, 80 N. W. 419, 81 N. W. 783. One court will not restrain another court which has complete jurisdiction of the matters in ... ...
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Rabbett's Estate v. Connolly
...v. Doran, 79 Iowa 210, 44 N.W. 360; Ashton v. Miles, 49 Iowa 564; and In re Pennock, 122 Iowa 622, 98 N.W. 480, and as remarked in Hendron v. Kinner, supra, are not in upon the proposition here involved. Motion to set aside an allowance was held a proper remedy in Re Estate of Davenport, 85......
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