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eBook details

• Title: Mcmanis v. Keokuk Sav. Bk. & Tr. Co.
• Author : Supreme Court Of Iowa.
• Release Date : January 02, 1948
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

[1] The record on appeal does not comply with Rule 340, Rules of Civil Procedure. It is in three parts: (1) Appellant's Record on Appeal (2) Appellee's Amendments to Record on Appeal (3) Objections to Amendments to Record on Appeal. The order of the trial court recites that (1), (2), and (3) ""be now settled as the true record for consideration on appeal."" This does not comply with the provision of Rule 340 (c) that the record be settled in the trial court. Furthermore, each of the corrections, substitutions or additions to the proposed abstract referred to in Rule 340 (c) should be made by addition, correction or deletion and substitution, and inserted at the proper place therein. Pfeffer v. Finn, 239 Iowa 24, 30 N.W.2d 481. Plaintiff, Lee R. McManis, was a son of Flora Kammerer who died intestate in 1946, survived by four children. She had opened the bank account in March 1944, and her name alone appeared on the signature card, passbook, and bank records. In August 1944 the following instrument (signature card), Exhibit A, was executed and attached to the original signature card in the files of the bank:

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