20 N.W.2d 363 | N.D. | 1945
In the case of Emelie Muhlhauser et al. v. Selma Becker and Fritz Gappert, known as case #6971 [post, 103,
The district court, however, having upheld the action of the county court, proceeded to determine the validity of the defendants' claim on the appeal to the district court, and, while finding in their favor and ordering judgment accordingly, allowed the plaintiffs herein the sum of $975.00 for attorneys' fees and $200.00 for administrator's fees to be paid out of the estate. From the portion of the judgment allowing such fees the defendants appeal.
In view of our decision in this case #6971 (q.v.) the district court should not have made such allowances. Accordingly the judgment appealed from is reversed.
CHRISTIANSON, Ch. J., and MORRIS, BURKE and NUESSLE, JJ., concur. *37