In re Estate of Stroup
South Dakota Supreme Court
Appeal from Circuit Court Beadle ’ County. Hon. Alva E. Taylor, Judge. In the matter of the estate of William E. Stroup, deceased. From an - order of ■ the circuit court affirming an order of the county court, granting a motion to open a judgment disallowing a ■claim,- thé administratrix appeals.
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Appeal from Circuit Court Beadle ’ County. Hon. Alva E. Taylor, Judge. In the matter of the estate of William E. Stroup, deceased. From an - order of ■ the circuit court affirming an order of the county court, granting a motion to open a judgment disallowing a ■claim,- thé administratrix appeals. (2) To point two of the-opinion,--Appellant. cited-: Rev. Edition, v'ct. 3, American &” Eiig'.' Ency. of Law, page 329-30; Benedict v. Johnson, 4th S. D., 287; Levy v. Superior Court, 73 Pac. 417. Respondent cited: Beach v. , Beach, 6 Dakota 371; 43 N. W. 701. (2) "To poimt two of the opinion,…
1Opinion of the CourtWhiting, P. J.
In the due course of probate proceedings, •a claim was presented to the administratrix. Acting under the provisions of section 174, Prob. Code, as amended by chapter 207, Laws 1913, the administratrix made her report on” claims presented; the county court fixed a -day for a hearing upon such claims; and, upon a date to which the hearing" was 'adjourned, such court entered its written order or judgment by which it was adjudged, among other things, that the- claim first above mentioned be disallowed.- More than a year subsequent to the entry of such judgment the claimant mfaved the county court…
2Cases cited1 opinion
- Blackman v. MulhallSouth Dakota Supreme Court · 1905
3Cited by7 opinions
- In Re Smith's EstateSouth Dakota Supreme Court · 1955
- Equitable Life Assurance Society of U. S. v. LunningSouth Dakota Supreme Court · 1936
- White v. WhiteSouth Dakota Supreme Court · 1957
- In Re Paddock's EstateSouth Dakota Supreme Court · 1941
- In Re Schocker's EstateSouth Dakota Supreme Court · 1961
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