Harvey's Heirs v. Wait
Oregon Supreme Court
Appeal from Multnomah County. The appellant filed his final account as one of the executors of the will of Daniel Harvey, deceased, in the county court of Multnomah county. Objections were filed to its allowance by the widow and heirs of the deceased, the respondents here.
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Appeal from Multnomah County. The appellant filed his final account as one of the executors of the will of Daniel Harvey, deceased, in the county court of Multnomah county. Objections were filed to its allowance by the widow and heirs of the deceased, the respondents here. The matter was then referred to E. Quackenbush, James Steel and Shubrick Norris to hear testimony and report upon the disputed items in the account, and particularly upon the appellant’s claim for extra compensation. The referees, after hearing the testimony and examining the accounts, made their report in due form — a…
1Opinion of the Court
By the Court,
Watson, J.:
The power of the probate court to correct the record of its proceedings at a subsequent term, and make it conform to truth and the determination actually made at a preceding term, can hardly be questioned at the present time. (Freeman on Judgments, sec. 71; Dunning v. Burkhardt, 34 Wis., 588.) And it is equally certain that its action in this *121respect cannot be assailed in a collateral proceeding. These propositions seem to us to entirely obviate the objections urged by the respondents, that the change or modification of the decree of November 4, 1880, attempted by the…
2Cases cited1 opinion
- Rubber Company v. GoodyearSupreme Court of the United States · 1868
3Cited by8 opinions
- State v. DowningOregon Supreme Court · 1901
- Cochran v. BakerOregon Supreme Court · 1899
- Dray v. BlochOregon Supreme Court · 1896
- Krause v. Oregon Steel Co.Oregon Supreme Court · 1907
- Coulter v. SchofieldHawaii Supreme Court · 1932
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