Garnsey v. County Court of Klamath County

• Decision Date: 14 September 1898
• Citation: 33 Or. 201,54 P. 539
• Parties: GARNSEY et al. v. COUNTY COURT OF KLAMATH COUNTY et al.
• Court: Oregon Supreme Court

54 P. 539

33 Or. 201

GARNSEY et al. v. COUNTY COURT OF KLAMATH COUNTY et al.

Supreme Court of Oregon

September 14, 1898

Appeal from circuit court, Klamath county; W.C. Hale, Judge.

Proceedings by Cecil J. Garnsey and others, heirs of Warren H. Mills, deceased, against the county court of Klamath county and others, in relation to the allowance of certain claims against said estate. From the judgment, Garnsey and others appeal. Motion to affirm denied.

P.H. D'Arcy, for appellants.

N.B. Knight, for respondents.

BEAN, J.

This is a review proceeding instituted in the court below to review the action of the county court of Klamath county in the matter of the allowance of the claim of N.B. Knight against the estate of Warren H. Mills, deceased, and is designed to present substantially the same questions as were attempted to be raised in Knight v. Hamakar (just disposed of) 54 P. 277. In April, 1897, a motion was filed in this court to affirm the judgment of the court below on the ground that the appellants had failed to file an abstract or brief within the time required by the rules of the court. As an excuse for not complying with the rule, the appellants filed an affidavit alleging that the same questions presented in this proceeding were involved in the case referred to, and asked that in consequence thereof the matter be held in abeyance until the final disposition of the other case. Upon this state of facts the motion was submitted, and has been reserved for further consideration until this time. The case of Knight v. Hamakar having now been disposed of without a consideration of the merits, it is deemed best to deny the motion to affirm in this case, and to direct that the appellants be relieved from filing either an abstract or brief, and that the case be set down for an early hearing on the briefs filed in the Hamakar appeal and such additional briefs as either party may desire to file; and it is so ordered.