In re Mouillerat's Estate
Montana Supreme Court
Appeal from Ninth Judicial District, Gallatin County. Proceedings by creditors to contest an allowed ^ claim against an estate. The contested claim was disallowed by Armstrong, J. Statement of the case by the justice delivering the opinion: Nixon and Crave, creditors of the estate, protested against the allowance of the claim of Mendenhall, a creditor. The district court sustained the protest, and disallowed the Mendenhall claim. Mendenhall and the administrator appeal.
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Appeal from Ninth Judicial District, Gallatin County. Proceedings by creditors to contest an allowed ^ claim against an estate. The contested claim was disallowed by Armstrong, J. Statement of the case by the justice delivering the opinion: Nixon and Crave, creditors of the estate, protested against the allowance of the claim of Mendenhall, a creditor. The district court sustained the protest, and disallowed the Mendenhall claim. Mendenhall and the administrator appeal. The administrator, J. P. Martin, filed his final account April 20, 1891. This account contains, among others, a list of…
1Opinion of the CourtDe Witt, J.
Section 154 of the Probate Practice Act provides: “Every claim allowed by the executor or administrator, and approved by the probate judge, or a copy thereof, as hereinafter provided, must, within thirty days thereafter, be filed in the probate court, and be ranked among the acknowledged debts of the estate, and be paid in due course of administration.”
Mendenhall’s claim was allowed by the administrator and approved by the court. Appellants contend that these facts constitute a judgment, which is final, and which must be attacked by a motion for a new trial or an appeal, and which cannot be…
2Cases cited5 opinions
- In re the Estate of LosheCalifornia Supreme Court · 1882
- Weihe v. StathamCalifornia Supreme Court · 1885
- Magraw v. McGlynnCalifornia Supreme Court · 1864
- Estate of HillCalifornia Supreme Court · 1882
- Ryan v. KinneyMontana Supreme Court · 1876
3Cited by13 opinions
- Branch v. LambertOregon Supreme Court · 1922
- Simons v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1905
- Pincus v. DavisMontana Supreme Court · 1933
- Vanderpool v. VanderpoolMontana Supreme Court · 1914
- Shields v. PauwelynMontana Supreme Court · 1905
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