Legal Opinion

Riley v. Mitchell

Supreme Court of Minnesota

Decided December 16, 1887PublishedCited by 15 opinions

The plaintiff, Jane Eiley, presented to the probate court for Stearns county a claim against the estate of defendant’s intestate.

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The plaintiff, Jane Eiley, presented to the probate court for Stearns county a claim against the estate of defendant’s intestate. The claim was disallowed, and plaintiff appealed to the district court, where a trial was had, and judgment was ordered and entered for defendant, which was reversed by this court. 36 Minn. 3. When the case was again called for trial in the district court for Stearns county, before Collins, J., and a jury, the defendant moved to dismiss, upon the ground that no appeal from the probate court was ever made or perfected, which motion was denied. It appeared that the…

1Opinion of the Court

Mitchell, J.1

The plaintiff appealed to the district court from an order of the probate court disallowing her claim against the estate of defendant’s intestate for services rendered by her to the deceased in his life-time. The appeal was tried on its merits; but upon appeal to this court, the order of the district court was reversed, and a new trial awarded. 36 Minn. 3, (29 N. W. Rep. 588.) Upon the case being again reached for trial in the district court, but before the trial commenced, the defendant moved to dismiss the appeal, on the ground, then for the first time raised, that the district…

2Cases cited5 opinions

  1. Doolittle v. . DininnyNew York Court of Appeals · 1865
  2. Kasson v. Estate of BrockerWisconsin Supreme Court · 1879
  3. Riley v. MitchellSupreme Court of Minnesota · 1886
  4. State ex rel. County of Houston v. FitchSupreme Court of Minnesota · 1883
  5. Auerbach v. GloydSupreme Court of Minnesota · 1886

3Cited by15 opinions

  1. State v. CIVIL SERVICE COM'N OF CITY OF MINNEAPOLISSupreme Court of Minnesota · 1967
  2. Anderson v. County of MeekerSupreme Court of Minnesota · 1891
  3. Stirling v. Dari-Delite, Inc.Oregon Supreme Court · 1972
  4. In Re Estate of DahnSupreme Court of Minnesota · 1938
  5. In Re Estate of Van SlounSupreme Court of Minnesota · 1937

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