McClellan v. State
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Chas. S. Whiting, Judge. In the matter of the judicial settlement of the estate of John McClellan, deceased. Application by James S. McClellan for letters of administration on decedent’s estate as decedent’s son, in which the Attorney General, representing the State, intervened and contested the application, and, from an order denying the petition for McClellan’s appointment and refusing a new trial, he appeals.
Read the full summary
Appeal from Circuit Court, Minnehaha County. Hon. Chas. S. Whiting, Judge. In the matter of the judicial settlement of the estate of John McClellan, deceased. Application by James S. McClellan for letters of administration on decedent’s estate as decedent’s son, in which the Attorney General, representing the State, intervened and contested the application, and, from an order denying the petition for McClellan’s appointment and refusing a new trial, he appeals. On motion by the State to dismiss the appeal. A person not a party to a suit cannot appear in it, and be admitted to defend against…
1Opinion of the CourtSmith, P. J.
On August 3, 1899, one John McClellan died, intestate in Minnehaha county, leaving a considerable estate. Petitions for letters of administration were filed by certain persons who claimed to be nieces of the deceased, known as the “Ireland claimants,” and by certain other persons who claimed to be broth*112ers and sisters of the deceased, and who are known in these proceedings as the “Canadian claimants.” Upon a hearing in the probate court, one William Van Eps, for whose appointment the Ireland claimants had petitioned on February 9, 1900, was appointed administrator of the estate. From this…
2Cases cited18 opinions
- Smith v. GaleSupreme Court of the United States · 1892
- Horn v. Volcano Water Co.California Supreme Court · 1859
- In re BauquierCalifornia Supreme Court · 1891
- Wightman v. Evanston Yaryan Co.Illinois Supreme Court · 1905
- People ex rel. Attorney-General v. RoachCalifornia Supreme Court · 1888
13 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Lyons v. Lederle LaboratoriesSouth Dakota Supreme Court · 1989
- Drainage District No. 1 v. Kirkpatrick-Pettis Co.Nebraska Supreme Court · 1941
- Coffman v. Spokane Chronicle Publishing Co.Washington Supreme Court · 1911
- State v. KearnsMontana Supreme Court · 1927
- In Re Taylor's EstateNevada Supreme Court · 1941
17 more not listed; retrieve them via the Exa API.