Butler v. Legro
Supreme Court of New Hampshire
Probate Appeal. Facts found by a referee. ' Mary Dominique having been killéd by a locomotive on a railroad, lier husband employed an attorney to prosecute the company, and agreed to pay him $1,000 for his services and expenses in the conduct of the suit. Dominique was a man of no property, and earning small wages. Butler, the appellant, was appointed guardian of the minor children of the deceased.
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Probate Appeal. Facts found by a referee. ' Mary Dominique having been killéd by a locomotive on a railroad, lier husband employed an attorney to prosecute the company, and agreed to pay him $1,000 for his services and expenses in the conduct of the suit. Dominique was a man of no property, and earning small wages. Butler, the appellant, was appointed guardian of the minor children of the deceased. Judgment was obtained against the company, and a fine of $2,000 was imposed, which, with the costs of prosecution, was collected by the attorney, who paid the costs to the county. Butler being…
1Opinion of the CourtStanley, J.
The decision of a judge of probate regularly made upon matters within his jurisdiction is conclusive. Bryant v. Allen, 6 N. H. 116. But in order to make the decision upon the first settlement a discharge of Butlér from liability for the $1,000 retained by the attorney, it must appear that the question was raised and considered in that settlement. Allen v. Hubbard, 8 N. H. 487, 489. Butler did not account for that sum, and there is no evidence that the matter was brought to the attention of the court and included in the decision then made. Stearns v. Stearns, 1 Pick. 157; Stetson v. Bass, 9…
2Cases cited1 opinion
- Ackert v. BarkerMassachusetts Supreme Judicial Court · 1881
3Cited by2 opinions
- Buljina v. AstrueDistrict Court, District of Columbia · 2011
- In re Guardianship of Richard A.Supreme Court of New Hampshire · 1984