Legal Opinion

State ex rel. Scherber v. Probate Court of County of Hennepin

Supreme Court of Minnesota

Decided May 16, 1919No. 21,458PublishedCited by 2 opinions

Application to the supreme court by Theresia Scherber for a writ of certiorari to review an order of the probate court for Hennepin county, Dahl, J., denying her an extension of time for presenting claims.

1Opinion of the Court

Per Ctjeiam.

Application for a writ of certiorari to review an order of the probate court of Hennepin county denying the application of relator for an extension of time for the presentation of claims in the estate of a deceased person there under administration.

The application is denied. An order of the kind is purely discretionary with the probate court, is intermediate in character, involves no matter of general public interest and the district court is the proper tribunal to which application for relief should be made in the first instance. The writ was issued by this court to review such…

2Cases cited9 opinions

  1. State ex rel. Union National Bank v. Probate CourtSupreme Court of Minnesota · 1908
  2. State ex rel. Sisters of the Order of St. Benedict v. WillrichSupreme Court of Minnesota · 1898
  3. State ex rel. Kelly v. Probate Court ofSupreme Court of Minnesota · 1901
  4. State ex rel. Musgrave v. Probate CourtSupreme Court of Minnesota · 1900
  5. Massachusetts Mutual Life Insurance v. Estate of ElliotSupreme Court of Minnesota · 1877

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Asplund v. BrownSupreme Court of Minnesota · 1938
  2. Salters v. UhlirSupreme Court of Minnesota · 1936

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