State ex rel. Krey v. Probate Court
Supreme Court of Minnesota
Certiorari to review the proceedings of the Probate Court of Dakota County, Moran, J., and to reverse its order made in April, 1892, denying the petition of John Krey for the payment of his claim against the estate of James W. Imeson, deceased. Between May 1, 1888, and November 21, 1890, Imeson resided with his wife and family, of eleven children, in Dakota County.
Read the full summary
Certiorari to review the proceedings of the Probate Court of Dakota County, Moran, J., and to reverse its order made in April, 1892, denying the petition of John Krey for the payment of his claim against the estate of James W. Imeson, deceased. Between May 1, 1888, and November 21, 1890, Imeson resided with his wife and family, of eleven children, in Dakota County. Between September 1, 1889, and November 21, 1890, John Krey, a merchant, furnished to Imeson, for the support of himself and family, groceries and provisions of the value of $904.25, which sum is unpaid. Imeson died intestate…
1Opinion of the Court
Gileillan, G. J.
Certiorari to bring here the order of the Probate Court of Dakota county, denying an application for an order directing the administrators of an estate to pay a claim which had been allowed. The respondent moves to quash the writ on the ground that appeal, and not certiorari, is the proper remedy. The writ will lie, and it will lie only, to bring here a final determination of a party’s right, when no appeal is given. Under 1878 G. S. ch. 49, § 13, an appeal from such an order as here involved was allowed. But, though it seems strange, such an order is omitted in the…
2Cases cited1 opinion
- Shapiro v. Western Home InsuranceSupreme Court of Minnesota · 1892
3Cited by9 opinions
- Foot v. Great Northern Railway Co.Supreme Court of Minnesota · 1900
- Swift & Co. v. JohnsonCourt of Appeals for the Eighth Circuit · 1905
- Aho v. Republic Iron & Steel Co.Supreme Court of Minnesota · 1908
- Shapiro v. Western Home InsuranceSupreme Court of Minnesota · 1892
- Patterson v. HallSupreme Court of Minnesota · 1923
4 more not listed; retrieve them via the Exa API.