Miller v. Miller

The phase of procedural inquiry first arising is whether the writ of error was improvidently awarded by the circuit court. Code, 44-2-19, dealing with the reports of commissioners of accounts in respect of matters arising in the settlement of decedents’ estates, provides, in part, as follows: “An appeal from the decision of such county court on such report and exceptions and on the supplemental report and exceptions, if there be such supplemental report, may, without any formal bill of exceptions, be taken to the circuit court of the county. The appeal shall be tried and heard in the circuit…