Burns v. Smith
Montana Supreme Court
Appeal from District Court, Lewis and Clarke County; H. JV~. Blake, Judge. Suit by Mattie E. Burns against Mary S. Smith, administratrix, and Norman B. Hotter, administrator, of the estate of James M. Smith, deceased, and others. From a judgment for plaintiff, and an order denying a new trial, defendants appeal. Statement of the case by the justice delivering the opinion. This is an action for the specific performance of a contract.
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Appeal from District Court, Lewis and Clarke County; H. JV~. Blake, Judge. Suit by Mattie E. Burns against Mary S. Smith, administratrix, and Norman B. Hotter, administrator, of the estate of James M. Smith, deceased, and others. From a judgment for plaintiff, and an order denying a new trial, defendants appeal. Statement of the case by the justice delivering the opinion. This is an action for the specific performance of a contract. The defendant, Mary S. Smith, is the surviving widow of James M. Smith, and also his administratrix. Norman B. Hotter is the administrator of said estate. The…
1Opinion of the CourtPemberton, C. J.
The first question presented by this *263appeal is as to the jurisdiction of the trial court. Counsel for appellants contend that department II of the district court of' Lewis and Clarke county, by the established rules of that court, is the court of probate of said county, and that, having reduced the estate of James M. Smith, deceased, to its possession by issuing letters of administration, and the estate being still in course of administration, that court had exclusive jurisdiction to determine the question of the heirship of the plaintiff. This case was commenced and tried in department I of…
2Cases cited11 opinions
- Owens v. McNallyCalifornia Supreme Court · 1896
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- In re the Estate of BurtonCalifornia Supreme Court · 1892
- Healey v. SimpsonSupreme Court of Missouri · 1892
- In re Higgins' EstateMontana Supreme Court · 1895
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3Cited by45 opinions
- Chehak v. BattlesSupreme Court of Iowa · 1907
- McCabe v. HealyCalifornia Supreme Court · 1902
- Cubley v. BarbeeTexas Supreme Court · 1934
- Stewart v. ToddSupreme Court of Iowa · 1919
- In Re Clark's EstateMontana Supreme Court · 1937
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