Burlington University v. Executors of Stewart

This was a proceeding to establish a claim in the county court, against the estate of the deceased. No appearance was made by the defendants, although properly served with a notice of the proceeding of the plaintiff.

The record shows that the judgment was rendered against *443defendants, at a regular session of the county court, “Present : Erie J. Leech, Esq., county clerk, and acting county judge.” The defendants appealed from this judgment; and the District Court moved to dismiss the cause; First, for the reason “ that jurisdiction was assumed below, and judgment rendered by incompetent…