Bean v. Harrison

The appeal is from an order of the probate court granting a rehearing of a decree rendered on final settlement of a guardianship.

The proceeding was under the four-months’ statute, viz.:

“When rehearing granted within four months. When a party has been prevented from making his defense by surprise, accident, mistake, 'or fraud, without fault on his part, he may, in like manner, apply for a rehearing at any time within four months from the rendition of the judgment.”' Code 1923, § 9521 (5372).

The question is raised: Does this statute apply to proceedings in the probate court? Prior to the Code…