Dudex v. Sterling Brick Co.

Justice Bird has reached the right result. The infant by his next friend is in the circuit court seeking tidal on the merits, which has been denied. Is the denial erroneous? If the probate court had jurisdiction to make the order for compromise and settlement of the infant’s claim in the tort •action then pending in the circuit court, such order cannot be challenged collaterally. To set aside a settlement made by and under an order of the probate court which it had jurisdiction to make, as unfair or fraudulent, there must be direct proceeding for that purpose, a bill in equity. It was held in…