Auerbach v. Gloyd
Supreme Court of Minnesota
On August 27, 1881, the probate court of Mower county made an order disallowing a claim which plaintiffs had filed against the estate of Warren H. Dean, deceased.
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On August 27, 1881, the probate court of Mower county made an order disallowing a claim which plaintiffs had filed against the estate of Warren H. Dean, deceased. The plaintiffs did not have notice of this order till September 1, 1881. On October 29, 1881, plaintiffs took and perfected an appeal to the district court, where defendants’ motion to dismiss was denied by Farmer, J. Thereafter issues were framed, and the venue was changed to Eamsey county, where the action was tried before Wilkin, J., and a jury, and plaintiffs had a verdict. Defendants appeal from an order refusing a new trial.
1Opinion of the CourtMitchell, J.
The first question which arises in this case is whether plaintiffs’ appeal from the probate court to the district court was taken within the time allowed by statute. The appeal was from an order disallowing an absolute or fixed claim against the estate of decedent. Plaintiffs’ contention is that the time for appeal is governed by Gen. St. 1878, c. 49, § 15, which provides that the appeal therein provided for shall be taken within 60 days after notice of the order, which they prove was received September 1, 1881. Defendants contend that it is governed by Gen. St. 1878, c. 53, § 24, which…
2Cases cited3 opinions
- In re the Guardianship of HauseSupreme Court of Minnesota · 1884
- McKeen v. WaldronSupreme Court of Minnesota · 1879
- State ex rel. Perkins v. Probate CourtSupreme Court of Minnesota · 1881
3Cited by3 opinions
- Riley v. MitchellSupreme Court of Minnesota · 1887
- Lake v. AlbertSupreme Court of Minnesota · 1887
- In re the Estate of CharlesSupreme Court of Minnesota · 1886