51 Neb. 653 | Neb. | 1897
The plaintiff in error, as administrator of the estate of Charles L. Meyers, deceased, brought this action against the Missouri Pacific Railway Company to recover damages on account of the death of his intestate alleged to have been caused by the negligence of the railway company. Among other defenses, the railway company pleaded that Meyers was not an inhabitant of the state, and that he left no estate to be administered therein, and
The petition for the appointment of the administrator alleges sufficient facts to confer jurisdiction on the county court of Otoe county, and this being true, the appointment of the administrator is not subject to collateral attack. Missouri P. R. Co. v. Lewis, 24 Neb., 848, was an action similar in character to this, and the jurisdiction of the court appointing the administrator was attacked. In the opinion Judge Cobb says: “And, again, I do not think that in any event her appointment as administratrix of the deceased could be attacked collatally.” Estate of Moore v. Moore, 33 Neb., 509, was an appeal from an order allowing a claim against the estate. One of the heirs had filed objections to the claim, one objection being that the administration, was void for want of jurisdiction in the court. The objections to the jurisdiction were the same as in this case, to-wit, that the decedent was not an inhabitant of the state at the time of his death, and left no estate to be administered therein. It was held that the appointment was not open to attack in this manner, Normal, J., saying: “The application for the appointment of an administrator must allege the necessary jurisdictional facts, for if a want of jurisdiction affirmatively appears from the face of the record, it is fatal to the proceedings, and the objection can be urged at any time. * * * The right of the plaintiff in error to .question the authority of the county court to grant letters of administration on the hearing of his objection to the allowance of the claim filed against the estate depends upon whether the record of the county court on its face shows the lack of jurisdiction to make
Reversed and remanded.