O' Mulcahey v. Gragg
Supreme Court of Minnesota
Appeals by defendants, heirs-at-law of Levi Gragg, deceased, from two judgments of the district court for Eamsey county, Otis, L, presiding, reversing orders of the probate court of Dakota county, and allowing the claims mentioned in the opinion (for $2,479.47 and $142.30, respectively,) in favor of plaintiff as assignee of the original claimants.
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Appeals by defendants, heirs-at-law of Levi Gragg, deceased, from two judgments of the district court for Eamsey county, Otis, L, presiding, reversing orders of the probate court of Dakota county, and allowing the claims mentioned in the opinion (for $2,479.47 and $142.30, respectively,) in favor of plaintiff as assignee of the original claimants. The appeals from the probate court were on questions of both law and fact, the place of trial was by stipulation changed to Eamsey county, and in each case a jury was waived.
1Opinion of the Court
Gilfillan, C. J.1
These are two appeals from judgments of the-district court allowing (on appeals from the probate court) two different claims against the estate of Levi Gragg, one accruing to oneMarfield, the other to one Spalding. One of the claims arose againstGragg in the state of New York in 1849, the other passed into a-judgment against him before a justice of the peace in the state of' Illinois in 1858. Gragg left the state of New York in 1853, and! never returned, and he died in 1866 in the state of Missouri. In 1879, an administrator of his estate was appointed by the probate court in…
2Cases cited2 opinions
- Morris v. McClarySupreme Court of Minnesota · 1890
- State ex rel. Dana v. Probate CourtSupreme Court of Minnesota · 1889
3Cited by10 opinions
- Aronovitch v. LevySupreme Court of Minnesota · 1953
- Neibuhr v. GageSupreme Court of Minnesota · 1906
- Eliseuson v. FraysethSupreme Court of Minnesota · 1971
- In Re Estate of AndersonSupreme Court of Minnesota · 1937
- Hill v. NicholsSupreme Court of Minnesota · 1891
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