In re Carver's Estate

Citations

• 10 S.D. 609
• 74 N.W. 1056
• 1898 S.D. LEXIS 48

Syllabus

<p>1. An order of county court, allowing a claim against an estate, recited that the administrator was present, took part in the examination of witnesses, hut that he declined to regularly appear in person or by attorney. Held, that the circuit court erred in denying motion of claimant to dismiss administrator’s appeal from the order.</p> <p>2. A return to a citation to an administator, from a county court, to appear and defend against a claim filed twenty days after the hearing and two days after entry of the order then,eon, does not change the character of the order when rendered, as on default.</p>