Bennett v. Bennett

The appeal, on motion of appellee, was dismissed, because the “ decision ” or judgment in the case was regarded as one having “ grown out of a matter connected with a decedent’s estate,” as provided in R. S. 1881, sections 2454 to 2457, both inclusive. Upon the motion to reinstate the case, appellant’s counsel contend, ven1- earnestly, that the case does not come within these sections, and that hence appellant had a year within which to appeal, as in ordinary cases under the code.

Appellee commenced this proceeding below by filing what is styled a complaint for a writ of mandate against…