Glendenning v. Mcnutt

Decision Date01 January 1875
Citation1 Idaho 592
PartiesJames Glendenning, Admr., Respondent, v. David Mcnutt And Fred Phillips, Appellants.
CourtIdaho Supreme Court

PROBATE COURTS-JURISDICTION.-When the existence of jurisdiction of inferior courts, of which the probate court is one, is proved or conceded, the maxim, "Omnia rite acta," applies to them as well as to courts of general jurisdiction, and every intendment must be in support of the proceedings.

JURISDICTION-PROBATE COURT.-Jurisdiction of the subject matter is one thing and the exercise of it another. An irregular or erroneous exercise of its jurisdiction, by a probate court, will not render its proceedings void, but voidable only.

JUDICIAL ACTS-MINISTERIAL ACTS-NONJUDICIAL DAY.-The act of appointing an administrator of an estate by a probate court is a judicial act, while that of issuing letters of administration is merely ministerial; therefore, the statute, only forbidding the transaction of judicial business on Christmas Day, letters issued on that day are not void.

ERRORS WHICH DO NOT PREJUDICE.-Where the district court refused to admit evidence which, if admitted, would have been against the party seeking to introduce it, such party cannot avail himself of such refusal as error, even though such evidence should have been admitted.

COLLATERAL. ATTACKS-ADMINISTRATOR.-Where an administrator of a deceased person's estate brings an action upon a promissory note due the estate, the authority of such administrator cannot be attacked by the defendant, on the grounds that his appointment was irregularly made. Having no interest in the estate, it is a matter of no importance to the defendants, if they would be protected from second payment of the same sum.

APPEAL from the District Court, Third Judicial District, Lemhi County.

Huston & Gray, for the Appellants. George Ainslie and E. T. Beatty for the Respondent.

WHITSON J.,

delivered the opinion.

HOLLISTER, J., concurred.

This is an action brought by James Glendenning, claiming to be administrator of the estate of William Smith, deceased against David McNutt and Fred Phillips, to recover a balance due upon a promissory note by them to said Smith during his lifetime. The complaint alleges the appointment of Glendenning and the performance of the duties of administrator at the time of the commencement of the action by him. The answer puts in issue only the legal and due appointment of Glendenning, and that he ever has had any legal authority to act as such administrator. Judgment was rendered for the plaintiff in the district court in and for Lemhi county, sitting without a jury and from such judgment defendant appeals to this court.

It is claimed by the appellants' counsel that no legal appointment of Glendenning was ever made: 1. Because the precedent steps, required by the statute, were never taken; and 2. Because the appointment was made on Christmas, a nonjudicial day.

In support of both propositions it is urged that nothing will be presumed in favor of the jurisdiction of an inferior court. The appointment of the administrator may have been irregular but an attack upon his authority can only be made in cases of this kind, where the appointment is absolutely void. If the appointment is only voidable, in no collateral proceeding can the authority of an administrator to act within the sphere of his prescribed duties be questioned. If the court had such authority and only exercised it irregularly, it can be a matter of no importance to ...

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6 cases
  • Clark v. Rossier
    • United States
    • Idaho Supreme Court
    • October 3, 1904
    ... ... such a court is absolute verity. Such a court is the probate ... court of this state. ( Gray's Admr. v. Cruise, 36 ... Ala. 562; Glendenning v. McNutt, 1 Idaho 592; ... Horner v. Bank, 1 Ind. 130, 48 Am. Dec. 358; ... Hanna v. Yocum, 17 Ill. 388.) In no court has the ... question ... ...
  • Abrams v. White
    • United States
    • Idaho Supreme Court
    • November 28, 1905
    ... ... and hence no error was committed in dismissing the case ... (Clark v. Rossier, 10 Idaho 348, 78 P. 358; Idaho ... Rev. Stats., 3842; Glendenning v. McNutt, 1 Idaho ... 592.) The complaint in this case was totally devoid of equity ... or allegations of fraud or any statement of facts which ... ...
  • Havens v. Stiles
    • United States
    • Idaho Supreme Court
    • January 25, 1902
    ...in this state is purely a ministerial act. (20 Ency. of Pl. & Pr. 1105; Evans v. Etheridge (1887), 96 N.C. 42, 1 S.E. 633; Glendenning v. McNutt, 1 Idaho 592; Clough Shepherd, 31 N.H. 495; Glenn v. Eddy, 51 N.J.L. 255, 14 N. J. Eq. 339; Dupuy v. Shear, 29 Cal. 240.) John C. Rice, for Respon......
  • In re Guardianship of Brady
    • United States
    • Idaho Supreme Court
    • December 9, 1904
    ... ... Castetter v. State, 112 Ind. 445, 448, 14 N.E. 388; ... Kelley v. Morrell, 29 F. 736; People v ... Wilcox, 22 Barb. 178, 186; Glendenning v ... McNutt, 1 Idaho 592.) As general guardian it was the ... duty of appellant to attend to the interests of his wards in ... any proceedings ... ...
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