Bailey, Judge of Probate v. Cooley

The opinion of the Court was delivered by

Mr. ChiEE Justice Watts.

This action was commenced by service of the summons and the complaint on the defendants during the month of May, 1928. The several defendants answered the complaint and at the same time served notices of demurrer. By agreement the demurrers were heard at chambers by the Circuit Judge, Hon. M. E. Bonham. The demurrers were based upon two grounds, as therein set forth, and were sustained on the sole ground that the action constituted a collateral attack.

From the order of Judge Bonham the plaintiffs appeal to the Supreme Court, and…