188 A. 263 | Conn. | 1936
The estate of August A. Richter, deceased, of North Haven, having been represented insolvent, the Court of Probate appointed commissioners to receive and decide upon the claims of creditors. *243 The commissioners made a report in which they allowed thirty claims, making no mention of any security held by any creditor. The plaintiff, representing that he was the conservator of the widow of the deceased, appealed to the Superior Court, stating that he was aggrieved "by the doings of said commissioners in allowing certain claims, and in failing to report to this court the cash value of the security of any creditor having security for his presented claim," and, further, that he was aggrieved by the acceptance of the report by the court. The executor under the will of August A. Richter filed a plea in abatement upon various grounds, one ground of which was that the plaintiff was attempting to join in a single appeal the doings of the commissioners with reference to separate and distinct claims presented to them. Various proceedings were thereafter had with reference to this plea; a demurrer attacking a number of the grounds stated in the plea was in part overruled; thereafter the parties stipulated as to certain facts; and the plea was ultimately sustained and the appeal dismissed. The plaintiff appealed. The memorandum of the court in overruling the demurrer states that in the course of the argument the parties agreed to consider the appeal as one from the doings of the commissioners only and appellant's brief before this court takes the same position. The determinative issue is whether or not the plaintiff was entitled in a single appeal to bring before the trial court the doings of the commissioners in allowing several claims and in failing to report the cash value of the security held by any creditor.
In Mattoon's Appeal,
The plaintiff asks us in effect to overrule that decision. We recognize the greater burden and expense which in certain instances may well be imposed upon one who is aggrieved by the doings of commissioners with reference to their action upon a number of claims, growing out of the requirement that a separate appeal must be taken from the action of the commissioners upon each claim. The decision in Mattoon's Appeal was definitely placed upon a construction of the statute permitting an appeal from the doings of commissioners considered with reference to its development, a construction with which we cannot now disagree. If a change is to be made in the law as stated *245 in that case, it must be by legislative action. The decision we then made determines the question now before us and the plea in abatement was properly sustained.
There is no error.
In this opinion the other judges concurred.