Green v. Sabin

Citations

• 12 S.D. 496
• 81 N.W. 904
• 1900 S.D. LEXIS 64

Syllabus

<p>Comp. Laws, § 5975, provides that,, on appeal from the probate court, on questions of both law and fact, the trial in the circuit court must he de novo. An appeal was tiken to the circuit court, on qu< stions of both law and fact, from an order of the county court allowing the final repoi t of a special administrator. The circuit court reversed the order, and remanded the case for further proceedings. Held, that though the circuit court acted erroneously in failing to grunt a trial de novo, its judgment was not void, and could not be collaterally attacked.</p>