Legal Opinion

Small v. Olds

Michigan Supreme Court

Decided January 31, 1908No. Docket No. 90PublishedCited by 7 opinions

Error to Cheboygan; Shepherd, J. Petition by Etta M. Small for an appeal from the order of the probate court allowing the final account of Millard D. Olds, administrator of the estate of Julia Small, deceased. There was an order denying the petition, and petitioner brings error.

1Opinion of the CourtMontgomery, J.

This is error to review the action of the circuit judge in refusing to allow a dilatory appeal under section 674, 1 Comp. Laws. The facts necessary to be stated are that the executor filed his final account with the probate court and the same was allowed on the 14th day of July, 1906. The petition for leave to file a *112dilatory appeal was sworn to on the 15th day of April, 1907, was heard on the 27th of May, and denied on the 8th of July, on the ground that the petitioner had not shown herself to be without default within the meaning of the statute. The grounds alleged for excusing the delay…

2Cases cited4 opinions

  1. Sanborn v. MitchellMichigan Supreme Court · 1893
  2. Smith v. ReillyMichigan Supreme Court · 1890
  3. Pickell v. CoatesMichigan Supreme Court · 1907
  4. Watson v. Kent Circuit JudgeMichigan Supreme Court · 1900

3Cited by7 opinions

  1. Clark v. Berrien Circuit JudgeMichigan Supreme Court · 1916
  2. In re Miner's EstateMichigan Supreme Court · 1918
  3. Pettinger v. Montmorency Circuit JudgeMichigan Supreme Court · 1911
  4. Standard Oil Co. v. BuchananWyoming Supreme Court · 1928
  5. In Re McLaughlin's EstateMichigan Supreme Court · 1933

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