Clough v. Clough

This case is brought here on appeal from a judgment of the court of appeals. The errors assigned present the question as to whether or not that court was correct in holding that an heir who contests the validity of a will in the probate court is entitled to a jury, as a matter of right, in the trial of such contest on appeal to the district court. The court of appeals, in a very able and elaborate opinion, reported in 10 Colo. App. 438, decided that the proceeding, not being an action at law or in equity, was not controlled by the provisions of section 173 of the code which designates what…