Conroy v. Jacobs' Estate

The plaintiff claimed to be a creditor of the defendant estate, and was allowed $4,100 -by the commissioners on claims. From this decision the executor attempted an appeal to the circuit court, complying with the statute in all respects, except to furnish an appeal bond. The bond was not given because the judge of probate advised the executor that it was not necessary. Upon motion to dismiss, heard after the statutory time had expired, the circuit judge permitted an appeal within five days thereafter “conditioned upon said estate filing in the office of the probate judge in and for said…