Palmer v. Peck

The relator, one of the heirs at law of Eebecca Palmer, petitioned the probate judge to cite Annis Campbell to appear before the court, and submit *2to an examination touching effects of the estate in her hands, under sections 5876, 5877, How. Stat. The parties appealed in probate court, and Mrs. Campbell offered to answer in writing any written interrogatories propounded, but the judge made an order requiring her to submit to an oral examination. From this order an appeal was taken to the circuit court. The relator moved to dismiss the appeal, on the ground that the order made was not…