Wellmuth v. Rogers

This matter comes up at this time upon a motion of the defendants in error to dismiss the writ of error. The original action was to test the validity of-a will. The errors assigned pertain to the ruling of the district court in dismissing the action brought there by appeal from the county court.

In support of the motion it is claimed that as section 7254, Revised Statutes, 1908, reads in part as follows:

“All questions of law1 and fact, relating to probate matters or arising in proceedings under this act, in any county, shall be determined by the county court of such *456coünty; and from any and…