Barrett v. Johnson
Supreme Court of Kansas
Error from Jefferson County. This is a proceeding in error to reverse a judgment, or order, of the district court of Jefferson county, dismissing an appeal taken by plaintiff in error, to that court, from an order of the probate court of that county, making distribution of the estate of George Barrett, deceased. This order of the probate court was made, and appeal taken, before the passage of the act of 1867, allowing appeals from decisions of the probate court.
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Error from Jefferson County. This is a proceeding in error to reverse a judgment, or order, of the district court of Jefferson county, dismissing an appeal taken by plaintiff in error, to that court, from an order of the probate court of that county, making distribution of the estate of George Barrett, deceased. This order of the probate court was made, and appeal taken, before the passage of the act of 1867, allowing appeals from decisions of the probate court. Exceptions were preserved, and the case brought to this court for review. contended: That the appeal was taken from a court of…
1Opinion of the Court
By the Court,
Kingman, C. J.
This is a proceeding in error to reverse a judgment of the district court of Jefferson county, dismissing an appeal taken by plaintiff in error to that court, from an order of the probate court, making distribution of the estate of George Barrett, deceased.
The order of the probate court appealed from was made on the 5th day of February, 1867. At that time no appeals were allowable from the probate court. Renter v. Bauer, 3 Kans., 503.
Subsequently a law was passed, and became in force, by publication, on the 7th day of March, 1867, allowing appeals from the probate…
2Cases cited1 opinion
- Renter v. BauerSupreme Court of Kansas · 1866
3Cited by1 opinion
- Kepler v. RinehartIndiana Supreme Court · 1904