Sheedy v. Sheedy
| Decision Date | 01 March 1893 |
| Citation | 54 N.W. 560,36 Neb. 373 |
| Parties | SHEEDY v. SHEEDY ET AL. |
| Court | Nebraska Supreme Court |
1. On appeal by the executor or heir at law from an order of the county court making an allowance out of the funds of the estate of a deceased person for the support of his widow, the district court will try and determine the issues involved in the same manner as on appeals in civil cases. It is error in such case to refuse a jury trial upon the demand of either party to the controversy.
2. Evidence examined, and held not to sustain the finding and judgment of the district court.
Appeal from district court, Lancaster county; Tibbets, Judge.
Mary Sheedy, widow of John Sheedy, deceased, applied to the county court of Lancaster county for an allowance out of the estate of deceased. From the order made, Dennis Sheedy and others appealed to the district court, which affirmed the order of the county court, and defendants appeal. Reversed.Marquett, Deweese & Hall, for appellants.
Chas. O. Whedon, for appellee.
This is an appeal from a judgment of the district court of Lancaster county, confirming an order of the county court of said county, allowing to the appellee, Mary Sheedy, widow of John Sheedy, deceased, for her support out of the funds of said estate, the sum of $83.33 per month until the further order of said court.
The first error alleged is the refusal by the district court of a jury trial, when demanded by appellants. The proceedings in this case are governed by the provisions of section 47, c. 20, Comp. St., as follows: “Upon the filing of such transcript in the district court, that court shall be possessed of the action, and shall proceed to hear, try, and determine the same in like manner as upon appeals brought upon the judgment of the same court in civil actions.” Civil actions which come into the district court by appeal from the county court or from justices of the peace are triable by jury, in the absence of a special provision upon the subject. It follows therefore that the district court erred in denying the request of appellants for a jury trial.
2. A careful examination of the bill of exceptions has satisfied us that the judgment in the case is not supported by the proofs, and that the finding should have been against the appellee upon the merits of the case. There is nothing in the record from which the date of the death of the deceased, John Sheedy, can be inferred, except the fact that the...
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In re Warner's Estate
...at least been approved by this court in its application of the provisions of section 30-1606, Comp.St.1929. Thus, in Sheedy v. Sheedy, 36 Neb. 373, 54 N.W. 560, the matter involved was the payment of an allow ance out of an estate to the widow, it was held error to refuse a jury trial on ap......
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McGrew v. State Bank of Humboldt
...reversed or vacated in some of the modes prescribed by statute. McCormick v. McCormick, 53 Neb. 255, 73 N. W. 693;Sheedy v. Sheedy, 36 Neb. 373, 54 N. W. 560;Yeatman v. Yeatman, 35 Neb. 422, 53 N. W. 385;Rogers v. Redick, 10 Neb. 332, 6 N. W. 413. The judgment of the probate court was not t......
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McGrew v. State Bank of Humboldt
... ... reversed or vacated in some of the modes prescribed by ... statute. McCormack v. McCormick, 53 Neb. 255, 73 ... N.W. 693; Sheedy v. Sheedy, 36 Neb. 373, 54 N.W ... 560; Yeatman v. Yeatman, 35 Neb. 422, 53 N.W. 385; ... Rogers v. Redick, 10 Neb. 332, 6 N.W. 413. The ... ...
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Whalen v. Kitchen
...cases, see the authorities cited in Nebraska Wesleyan University v. Craig's Estate, supra, also Her v. Darnell, 5 Neb. 192; Sheedy v. Sheedy, 36 Neb. 373, 54 N.W. 560. is, however, contended that this proceeding is essentially of an equitable nature, and not legal, and for that reason appea......