Brotherton v. Spence

A preliminary question is raised by the defendant touching our jurisdiction. It is claimed by her that the appeal herein from the probate to the circuit court was not taken by the plaintiff, either within the term when the decision complained of was made, or within ten days thereafter, as required by section 286 of the Revised Statutes. The judgment •entry made in the probate court bears no date, but it sufficiently appears from the entire transcript that the decision complained of was made at the adjourned December term of the probate court of Howell county, and that an appeal to the circuit…