Shuckrow v. Maloney

*404The opinion of the court was delivered by

Dawson, C. J.:

The principal legal question presented in'this appeal relates to the propriety of an independent lawsuit in the district court to recover a sum of money allowed and paid by order of the probate court on a claim against an estate still in course of administration.

Antecedent matters necessary to an understanding of this action may be summarized thus:

One Cornelius Shuckrow, a native of Connecticut, left that state in 1875 and never returned. For varying intervals of time he sojourned in Pennsylvania, in Canada, in Kansas, and in Louisiana.…