Moyes v. Agee
Utah Supreme Court
In the matter of the estate of John F. Smith, deceased. There was an order vacating a final decree .of distribution, and an order overruling a petition of John D. Smith, claiming to bo sole heir of the deceased, and R. A. Moyes, as administrator, and Emory A. Smith bring certiorari to review proceedings against Hon. A. W. Agee, as Judge of the District Court of Weber County.
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In the matter of the estate of John F. Smith, deceased. There was an order vacating a final decree .of distribution, and an order overruling a petition of John D. Smith, claiming to bo sole heir of the deceased, and R. A. Moyes, as administrator, and Emory A. Smith bring certiorari to review proceedings against Hon. A. W. Agee, as Judge of the District Court of Weber County. PEREMPTORY writ of prohibition ordered to issue, and order vacating the decree of distribution set aside.
1Opinion of the CourtWeber, J.
Plaintiffs filed their petition in this court praying for a writ of certiorari. Thereafter a return and answer were duly filed. Upon the hearing in this court the petition was denied. Plaintiffs, in due time, filed a petition for rehearing, which was granted.
In the opinion of the court, written by Mr. Chief Justice Corf man, it was stated that "the record of proceedings before the district court in the matter of the estate is far from satisfactory. ’ ’ Since the complete record has been brought to this court, there is less difficulty in drawing proper conclusions.
As they now appear the…
2Cases cited10 opinions
- Morffew v. S.F. & San Rafael R.R.California Supreme Court · 1895
- Buckley v. Superior Court of San FranciscoCalifornia Supreme Court · 1894
- Wheeler v. BoltonCalifornia Supreme Court · 1880
- In re the Estate of GarraudCalifornia Supreme Court · 1868
- In re Raleigh's EstateUtah Supreme Court · 1915
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3Cited by3 opinions
- In Re Brooks Estate. Jenson v. Ogden State BankUtah Supreme Court · 1934
- Robbins v. DugginsUtah Supreme Court · 1923
- In Re Brooks Estate. Jenson v. Ogden State BankUtah Supreme Court · 1934