Simmons Hardware Co. v. Assigned Estate of Greely-Burnham Grocer Co.

This action is based on a claim for contribution. Both the assignee and the circuit court *678on appeal disallowed the claim, and the plaintiff by successive appeals has brought the case to this court for review.

There is a preliminary question, which we had better notice first. There were no instructions asked or given, and no exceptions saved to the introduction or exclusion of evidence. Counsel for plaintiff insists that on appeal from the disallowance of a claim by an assignee the hearing is before the court, and that the action of the court thereon must be reviewed in the same manner as…