Scott v. Crow

Citations

• 5 Scam. 183

Syllabus

<p>Error to St. Clair.</p> <p>1. Appeal — from court of probate. Appeals may be taken from the decisions ■ of probate justice of the peace, in all cases not included in § § 3 an d 4 of the “ act to provide for the election of probate justices of the peace,” in the manner provided in the statute of wills for appealing from the old probate court.</p> <p>2. SAME — how taken. An appeal from the decision of a probate justice, in allowing claims 'against an estate, may be taken by tendering á bill of exceptions to the decision, and entering into bond, within ninety days, as prescribed in the statute of wills; and this is the course to be pursued to obtain a review of such decision.</p> <p>3. Administration — -junsdiction of circuit court. The proceedings of a probate justice of the peace, in allowing claims against an estate, are required bylaw to be reported to the circuit court at its first term after the proceedings are had. This requirement is only directory to the probate justice, and the report maybe made at a subsequent term. When the report is made, it is the duty of the circuit court to inspect it and determine whether it is in due form, and shows a decision properly made in the class of powers required to be reported, and approve or reject it; but the power of the circuit court extends no farther. It is error to refuse to examine the report. The only effect of the approval is that it becomes a matter of record, and .may be certified as such, (a) </p>