Winbarg v. Winbarg

ROGERS, Justice.

Two proceedings growing out of the probate of the will of the late Mrs. Caroline Winbarg were consolidated for trial in the district court, and from the judgment rendered therein all the parties litigant appealed.

After the defendants had filed their suspensive appeal bond, "plaintiff, pursuant to the provisions of Act No. 112 of 1916, proceeded in the district court to attack t)he bond in form and substance and also to test the pecuniary responsibility of the surety. The judge of the district court, after hearing, decided that the bond was legal and the surety sufficient.…