Tooz v. Tooz

(On Rehearing). We granted a rehearing upon the petition of the respondents. The case was again argued and additional briefs were filed. We are satisfied with the correctness of the legal principles thus far determined and applied, but in the light of arguments presented subsequent to. our opinion we deem it advisable to add another chapter.

We considered the question of the power of the district court to dismiss an appeal from.the .county, court under, .the provisions óf § 28-0801, Rev Code ND 1943, and determined that this section did not apply to appeals from county court in probate matters…