Wilson v. Ruth

OPINION OF THE COURT

WATSON, J.

The probate court of Colfax county allowed a number of claims. Minor heirs, by their guardian, attempted to appeal to the district court. It dismissed the appeal on procedural grounds and allowed the guardian an appeal to this court. On the docketing of the appeal citation issued to the executor. There never has been any citation to the claimants, who, as we assume for the purposes of this decision, are necessary parties.

The cause is now before us on two motions to dismiss the appeal; one by the executor alone, and one by the claimants and the executor. They were…