Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-04-02
THE COURTS.
Supreme Court.

Opinions in two cases were filed by the supreme
court yesterday of which the sylabis are given be-
low:
4. G. Palmer, as administrator with the will an
nexed de 6OnGS non, of the estate of Samuel g. P.
Craig, deceased, respondent, VS. John D. Pollock,
surviving executor of the last will and testament
of Nathaniel Mclean, deceased, respondent.
When an appeal from probate court to district
court is tried upon the petition order to show cause
and answer originally filed in the probate court with
out any formal proceedings, those papers take the
place of pleadings in the district court. In such
circumstances the rule applicable TO formal peadngs,
to-wt: That it is not cssary for the court to find
that which is admitted in the pleadings, but the ALE
cations admitted stand as If found to be true applies
to such papers. O'Gorman vs. Lhdeke, N. w.
Rep, N. s. 481, followed and applied to this case.
Paine having been appointed administrator of the
estate of c., gave the usual administration bond with
Mel as one of his sureties. Mel. died testate and
Pollock was appointed his executor. Both estates,
that of c. and that of Mel, were in process of set
Element in the probate court of Ramsey county in
the exercise of lawful Jurisdiction.
Default was made in the condition of Paine's ad-
ministration bond.
Held, That upon such default claim accrued in
favor of the estate of O. against the estate of Mel.
This claim having accrued long after the expiration
of the u limited for creditors of the Mel. estate
to present their claims to the commissioners appoint
ed in that behalf.
Held, That it a contingent claim such as men,
toned in section 49, chapter So, general laws 1878,
and therefore properly presented to said probate
court for allowance as in that section provided.
Held, That under sections 6, and TO- chapter So,
general laws 1875 it competent for the judge of
probate in the circumstances above detailed TO cause
Pane's administration bond to be presented in his
name, to cause the claim of the estate of and
Hereunder to be presented to him as judge Of pro-
BATE a claim in favor of the estate Of @. against
the estate of Mel though not formally in the name
of any person In the latter it is not necessary
that any formal permission to prosecute the bond be
given by the judge of probate Sections 6, and TO-
chapter 55. general laws 1878, show among other
OF dr,1iui
erly be entitled to the amount collected upon
| the predecessors administration bond. Hence ii
follows that such administration, de b0niS non, isa
proper party by petition to the probate court to SET
in motion proceedings which will result in such col
lection.
Section 10 also shows that the money to be collect
ed such bond is properly divided to be paid to the
administrator, de bOniS non Ito be disposed of by him
according to law for the payment of the debts Of his
decedent or otherwise.
Judgment of the district court affirmed.
BERRY,.
The State Of Minnesota ex rel. Edgar q. Bass and
L. NJ Brown, REALTORS, The District Court OF the
| Eighth Judicial district, John L. Macdonald
Judge of said district, and the city of shakopee re-
spondents.
The petition required by sec. rs, CHI 49, gen. stats
| 1873, for laying out road through two or more
counties in any judicial district is sufficient if 1t is
signed by the requisite number of legal voters resi-
dent in said counties, though they all reside In one
of said counties.
The proceedings authorized to be instituted under
said section is in the nature of special judicial
proceeding to be conducted under the authority and
supervision of the district court.
When commissioners duly appointed to lay out
such road in accordance with the prayer of the petit
ton, proceed to lay out different one, it is compe
tent for the court upon the fling of their report tc
order the matter to be re-submitted with directions
to comply with the original order appointing them
and this may be done by the court in vacation after
hearing upon notice or order to show cause.
Being tax payer in one of the counties through
which such road is run does not disqualfy judge
| from acting in the matter.
| Motion to dismiss writ granted. CORNELL, J.
District Court.
Before Judge Simons.
COURT CASES.
Julius Austrian. assignee of A. q, Strouse. vs.