Clary v. Cassels

GOODWYN, Justice.

This proceeding involves a disputed «claim against a solvent estate under the provisions of Code 1940, Tit. 61, § 216, as .amended by Act No. 324, approved July 1, 1943, Gen.Acts 1.943, p. 308.

The probate court allowed the claim, and an effort was made on behalf of the executor to take an appeal to the circuit court. The claimant filed in the circuit court his “objections to trial and motion for discontinuance,” which the court overruled. The circuit court, after a hearing without a jury, entered judgment denying the claim. From that judgment the claimant has taken this…