Darnell v. Haines

The opinion of the court was delivered by

Porter, J.:

La Zetta Darnell, the appellant, filed a claim in the probate court of Riley county against the estate of George Earl, deceased. The claim, was disallowed and he appealed to the district court. While the appeal was pending, he filed a motion to dismiss the action without prejudice which was sustained and he paid the costs. Sometime thereafter the administrator of the estate filed a motion in the district court asking that the order dismissing the action without prejudice be set aside and the cause reinstated. That motion was sustained and…