75 P. 711 | Or. | 1904
delivered the opinion.
On July 20, 1891, the defendant, A. Nevin, was appointed administrator of the estate of John Farrow, deceased, by the county court of Columbia County, and immediately qualified and entered upon the discharge of his duties. In November, 1901, more than 10 years later, he filed his final account, in which he credited himself with $280 for money alleged to have been loaned by him to the deceased. Objections were made to the allowance of this item, because, among other things, the claim was barred by the statute of limitations; but the objections were overruled, and the item allowed by the county court. On a writ of review to the circuit court the decree of the county court was reversed, and the item disallowed, and the administrator charged with interest on the balance in his hands on March 6, 1893. From this judgment the present apjjeal is taken.. It is contended that the petition for the writ of review is fatally defective, in that it is not entitled in any court; does not set out the names of any parties, either as plaintiffs or defendants; does not allege that the petitioners or any of them have any right to the writ or interest in the matter sought to be reviewed; does not show that it was filed within six months after the date of the order of final settlement in the county court; does
Modified.