In re Campbell

Probate of the will was refused by the surrogate. On appeal the decree was reversed, and issues were ordered to be tried. Code, § 2588. The issues were settled in the order of reversal, and were subsequently tried. The verdict on these issues was in favor of the proponent. Thereupon the proponent obtained an order for judgment and for costs from the circuit judge, from which order the opponents appeal. The order was irregular. Section 2588 is but a re-enactment, in substance, of 2 Rev. St. marg. p. 66, § 72, (57.) And section 74 (59) shows that the verdict of the jury was to be certified to…