Huffman v. Rhodes

Appellee moves for a dismissal of this cause out of court, on the ground that the action is not appealable under the provisions of section 075 of the code authorizing appeals only in actions in equity. The questions presented by the motion call for a determination of the nature and character of the present action which has been removed to this court by appeal as distinguished from proceedings in error.

The controversy had its inception in the probate court, wherein was filed by the appellee a claim for several hundred dollars against the estate of one Hiram Curtis, deceased, which was then…