In re Dewar's Estate
Montana Supreme Court
Appeal from First Judicial District, Levins and Clarke County. The orders sustaining objection to appellant’s final account and entering a decree of distribution were made by Hunt, J. Statement of the case by the judge delivering the opinion.
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Appeal from First Judicial District, Levins and Clarke County. The orders sustaining objection to appellant’s final account and entering a decree of distribution were made by Hunt, J. Statement of the case by the judge delivering the opinion. This is an appeal of Henry C. Yaeger, administrator of the estate of William A. Dewar, deceased, from an order of the District Court, exercising probate jurisdiction, sustaining objection to the final account of the administrator, whereby the court disallowed certain fees by him claimed. There was also an appeal from the order of distribution. That…
1Opinion of the CourtDe Witt, J.
We will examine the appellant’s position in the order above stated.
I. Appellant contends that the District Court did not obtain jurisdiction of the case until April 29, 1890, when the papers were ordered to be indorsed “Filed July 3, 1889,” and the case ordered onto the trial docket. It is not disputed that the papers in the ease were duly deposited with the clerk of the District Court, July 3, 1889. Appellant insists that they were not “filed” that day, but only on April 29,1890, and the court had no power to make the nunc pro tunc order. Appellant misapprehends the signification of the term…
2Cases cited38 opinions
- BUTLER v. Commonwealth of PennsylvaniaSupreme Court of the United States · 1851
- McAunich v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1866
- Abeel v. ClarkCalifornia Supreme Court · 1890
- Tregambo v. Comanche Mill & Mining Co.California Supreme Court · 1881
- Ewing v. HoblitzelleSupreme Court of Missouri · 1884
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3Cited by13 opinions
- Estate of JohnstonCalifornia Supreme Court · 1956
- State Ex Rel. Regis v. District CourtMontana Supreme Court · 1936
- Estate of Brown v. HogeSupreme Court of Iowa · 1924
- In re Ricker's EstateMontana Supreme Court · 1894
- Hart v. McClellanSupreme Court of Iowa · 1921
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