Legal Opinion

Clemes v. Fox

Supreme Court of Colorado

Decided April 15, 1898No. 3661PublishedCited by 11 opinions

Error to the County Court of Arapahoe County. This controversy arises out of the settlement of the estate of Clark Lipe, deceased.

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Error to the County Court of Arapahoe County. This controversy arises out of the settlement of the estate of Clark Lipe, deceased. To the administrator’s final report the defendants in error, as creditors of the estate, filed objections ; and upon the hearing thereof the county court sustained their specifications relating to the three items of costs and expenses of administration, the special statutory allowance of the widow, and the undertaker’s charge for burying deceased, for all of which the administrator claimed credits. The administrator prosecutes this writ of error to reverse the…

1Opinion of the Court

Chiee Justice Campbell

delivered the opinion of the court.

Without extending this opinion by a discussion of objections to the ruling on costs and expenses,—the decision of which, in great measure, is within the discretion of the trial court, and depends so largely upon the facts of the case that *43it would not be valuable as a precedent,—we content ourselves by stating that after a careful examination we think the ruling was right. This phase of the case being eliminated, we proceed to a consideration of the other two items.

The specific errors assigned by the administrator are that the court…

2Cases cited1 opinion

  1. Schlink v. MaxtonIllinois Supreme Court · 1894

3Cited by11 opinions

  1. Kavanagh v. HamiltonSupreme Court of Colorado · 1912
  2. Crowley v. Farmers State BankSupreme Court of Colorado · 1942
  3. Glenn v. MitchellSupreme Court of Colorado · 1922
  4. Fleming v. Kelly, Maus & Co.Colorado Court of Appeals · 1902
  5. Koshir v. SnedecSupreme Court of Colorado · 1927

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