In re the Estate of Englehart
New Mexico Supreme Court
Appeal from Bernalillo County. The motion to dismiss appeal should be dismissed for the reason that the movant is not a party to this proceeding.
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Appeal from Bernalillo County. The motion to dismiss appeal should be dismissed for the reason that the movant is not a party to this proceeding. Territory v. Valdez, 1 N. M. 533; In re Watts, 1 N. M. 541; Koury v. Castillo, 13 N. M. 26; In re Craigie, 24 Mont. 37; In re Bedell, 97 Cal. 623; In ré Donvan, 104 Cal. 623; Strong v. Dignan, 207'111. 385; Erwin v. Lowry, 48 H. S. 172; O’Hara v. McConnell, 93 H. S. 150. After appeal is taken no step in the case can be taken which by any possible contingency can prejudice appellant. Ohio L. Ins. Co. v. Winn, 4 Md. Ch. 253; Hall v. Jack, 32 Md. 253.…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, J.
-A motion has been filed in this court to dismiss the appeal, several grounds therefor being urged, but we deem it necessary to consider only the first proposition urged, which involves the right of a creditor of an estate to persist in his application, for appointment as administrator of such estate, after his debt has been paid.
Under our practice the hearing upon the appeal to the District Court was a trial de novo, therefore, in our opinion, the tender, to Brown, of the full amount of his claim in the District Court was as effective as though made at the time…
2Cases cited1 opinion
- Trustees of Griswold College v. StateSupreme Court of Iowa · 1877
3Cited by11 opinions
- Wiggs v. City of AlbuquerqueNew Mexico Supreme Court · 1953
- Edwards v. PetersonNew Mexico Supreme Court · 1956
- Pugh v. PhelpsNew Mexico Supreme Court · 1932
- Jones v. JerniganNew Mexico Supreme Court · 1924
- Lamonica v. BosenbergNew Mexico Supreme Court · 1964
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