Merriman v. Peck

This is an application for a mandamus to compel the respondent to vacate an order permitting an appeal to be made from an order admitting a will to probate, under section 6784, How. Stat. It appears that a previous appeal had been taken by the contestant, Dwight Merriman, and that by reason of his failure to file his record in the circuit court within the time allowed by section 6782, 3 How. Stat., the appeal was dismissed.1 Section 6784 provides that—

“If any person aggrieved by any act of the judge of probate shall, from any cause, without default on his part, have omitted to claim or…