Phillips v. Faherty

The opinion of the court was delivered by

McElroy, J.:

The defendant in error, Edmond Faherty, obtained an allowance by the probate court of Marshall county against the estate of Theodore Phillips, deceased, for the sum of $2383.85. The administrator, Howard W. Phillips, prosecuted an appeal therefrom. Prior to the trial the administrator filed his offer, in writing, under section 445 of chapter 95, General Statutes of 1897 (Gen. Stat, 1899, §4814-), *381to allow judgment to be taken therein for the sum of $1200, which offer was duly accepted. The administrator filed his motion to set aside the…