Missouri Pacific Railway Co. v. Bradley

Irvine, C.,

dissenting.

The first question naturally presented is the right of the railway company to maintain the proceeding. We have just decided (Bradley v. Missouri P. R. Co., 51 Neb., 653), following prior decisions of this court, that where want of jurisdiction does not affirmatively appear from the record of the county court, the appointment of an administrator may not be collaterally attacked. From this it logically follows, and to the writer’s mind it necessarily follows, that a person sued by one claiming to be an administrator may be heard in a direct proceeding in the probate court…