Pullen v. Swanson

OPINION

DRAUGHN, Justice.

Our previous opinion is withdrawn on Motion for Rehearing and the following opinion is substituted therefor.

This appeal involves the central issue as to whether a District Court errs if it abates a suit to collect from an estate on a series of promissory notes executed by the deceased when an estate proceeding is already pending in a statutory probate court. It also involves the related question as to whether a Motion to Abate an action filed in the District Court was timely filed. Appellant contends that the District Court had original jurisdiction over the suit, and…