State ex rel. Lukes v. Williams
Supreme Court of Minnesota
Mary Jane Lukes petitioned the probate court for Aitkin county for leave to file a claim against the estate of Nathan Tibbetts. The petition was denied for the reason that the time for filing claims had long since expired, and no reason appeared to the court why the petition should be granted. Petitioner obtained a writ of certiorari from the district court for Aitkin county to review the proceedings of the probate court and thereafter the writ was discharged.
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Mary Jane Lukes petitioned the probate court for Aitkin county for leave to file a claim against the estate of Nathan Tibbetts. The petition was denied for the reason that the time for filing claims had long since expired, and no reason appeared to the court why the petition should be granted. Petitioner obtained a writ of certiorari from the district court for Aitkin county to review the proceedings of the probate court and thereafter the writ was discharged. Erom the order, McClenahan, J., discharging the writ, relator appealed.
1Opinion of the CourtHallam, J.
Relator made application to the probate court of Aitkin county for leave to file a claim against the estate of Nathan Tibbetts, deceased. *58The application was made two and one-half months after the time for filing claims had expired. The probate court denied the application. Relator procured a writ of certiorari from the district court to review this decision. The district court after hearing discharged the writ. The record shows that deceased was the brother of relator. The claim was for 28 years alleged services as housekeeper, and it is alleged that nothing was ever paid except the sum of…
2Cases cited1 opinion
- Gibson v. BrennanSupreme Court of Minnesota · 1891
3Cited by1 opinion
- Wright v. WrightSupreme Court of Connecticut · 1936