National Surety Corporation of New York v. Ellison

THOMAS, Circuit Judge.

This is an appeal from a judgment of the District Court of Minnesota entered in favor of the appellee, plaintiff below, against the appellant, defendant below, upon an order for judgment upon the pleadings. Both parties having moved for judgment, after issues were joined, plaintiff’s motion was sustained and defendant’s denied. The rulings of the court upon the motions and the entry of judgment are assigned as errors.

The action arose out of the administration of the estate of Andrew J. Olin, deceased, ..in the probate court of Minnesota.

The facts admitted in the…