Sherer v. Sherer
Supreme Judicial Court of Maine
On Exceptions by Appellant. This was an appeal by Charles Sherer, administrator of the goods and estate of Reuben Sherer, from a decree of the judge of probate for the county of Knox, authorizing Fred Sherer to commence a suit on the probate bond of said administrator, for the benefit of said estate.
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On Exceptions by Appellant. This was an appeal by Charles Sherer, administrator of the goods and estate of Reuben Sherer, from a decree of the judge of probate for the county of Knox, authorizing Fred Sherer to commence a suit on the probate bond of said administrator, for the benefit of said estate. When the appeal came on to be heard, the presiding justice ruled, as a matter of law, that Charles Sherer, the administrator, had no right to appeal from the decision of the judge of probate, authorizing the commencing of a suit on his probate bond, under any circumstances or upon any state of…
1Opinion of the CourtEmery, J.
The appellee cites the case Bulfinch, Admr., v. Waldoboro, 54 Maine, 150, as conclusive authority against the claim of an administrator to appeal from a decree of the judge of probate allowing an action in the name of the judge upon the bond of the administrator. The appellant urges that the case cited was decided adversely to the administrator upon the ground that the administrator would be indemnified by the costs he would recover in case the action proved to be groundless. He further urges that this ground is untenable since, as he says, costs cannot be recovered by the defendant against…
2Cases cited1 opinion
- Lawless v. ReaganMassachusetts Supreme Judicial Court · 1880
3Cited by8 opinions
- Rehn v. BingamanNebraska Supreme Court · 1953
- McKenna v. McKennaSupreme Court of Rhode Island · 1908
- In Re the Pittston Co. Oil Refinery & Marine Terminal at EastportSupreme Judicial Court of Maine · 1977
- Varney v. LookSupreme Judicial Court of Maine · 1977
- In Re FixicoSupreme Court of Oklahoma · 1918
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