Schleining v. Estate of Sunday

Schleining, plaintiff in error (claimant), here challenges the trial court’s power and discretion in dismissing, on its own motion, an appeal from the disallowance by the county court of his claim against the Estate of Sunday, defendant in error.

Claimant in proper time filed his claim in the probate proceedings. After a hearing the county court, on December 18, 1962, disallowed the claim. Claimant, on January 11, 1963, filed his appeal in the district court. The brief history of the appeal in the district court discloses that on May 7, 1963, and November 5, 1963, the cáse was “passed on term…