Rogers v. Redick

• Decision Date: 21 July 1880
• Citation: Rogers v. Redick, 10 Neb. 332, 6 N. W. 413 (Neb. 1880)
• Parties: ROGERS v. REDICK & CONNELL.
• Court: Nebraska Supreme Court

10 Neb. 332

6 N.W. 413

ROGERS

v.REDICK & CONNELL.

Supreme Court of Nebraska.

Filed July 21, 1880.

Motion to dismiss petition in error.

John I. Redick, for the motion.

MAXWELL, C. J.

On the twentieth day of November, 1878, Redick & Connell filed a claim for the sum of $500 against the estate of Isaac N. Rogers, deceased, which, on the second day of January, 1879, was allowed by the county court. From the order allowing the account the plaintiff took the case on error to the district court, where, on the sixteenth day of June, 1879, the court dismissed the proceedings in error because not authorized by the statute. On the eighteenth day of May, 1880, the plaintiff filed a transcript of the proceedings in the supreme court, and on the fifth day of June thereafter filed a petition in error, but no summons was issued until the twenty-ninth of that month. The defendants now move to dismiss the proceedings.

Section 580 of the Code provides that “a judgment rendered or final order made by a probate court, justice of the peace, or any other tribunal, board, or officer exercising judicial functions, and inferior in jurisdiction to the supreme court, may be reversed, vacated, or modified by the district court.” The provisions of this section apply to all judgments or final orders of the probate court. A party may, if he see fit, appeal from an order allowing or disallowing an account, but this remedy is not exclusive; he may have the same reviewed on error. The district court, therefore, erred in dismissing the proceedings.

The objection that a summons in error was not issued within a year from the date of the order dismissing the proceedings in the district court seems to be well taken.

Section 584 of the...