Neidermyer v. Neidermyer

Plaintiff is defendant's son. He filed petition on September 17, 1945, for the appointment of a temporary and permanent guardian of his mother's property under sections 12614, 12620, and 12621, Iowa Code, 1939. Before hearing was held on the prayer for temporary guardianship defendant filed resistance thereto and also filed voluntary application for guardianship under Code section 12617. Two proceedings were thus inaugurated: one at law, and in a sense adversary, upon plaintiff's petition, requiring notice and hearing (Code sections 12620 and 12621); the other voluntary and in probate but ex parte (section 12618, Iowa Code, 1939). No formal consolidation was ordered. However, defendant pleaded her voluntary application as a part of her resistance to appointment of temporary guardian and during the hearing on plaintiff's petition (September 27 and 28, 1945) offered it in evidence and asked the court to rule on it. Thereupon the court said: