64 Neb. 409 | Neb. | 1902
Án appeal is prosecuted from an order of the district court dismissing an application by two executors for license to sell real proper ty. At the argument we suggested a doubt whether an appeal would lie in such a proceeding, and a further hearing has been had on that point upon additional briefs. \ Section 675, Code of Civil Procedure, provides that appeals may be brought to the supreme court” by “either party” in “all actions in equity.” That section is the sole authority for review in this court by appeal. Does a proceeding such as the one at bar come within its purview? We think not/ In Seward v. Clark, 67 Ind., 289, it was held that a petition to the court of common pleas for an order to sell real estate to pay debts was not a civil action from which an appeal would lie under general provisions of the law as to appeals. In North Carolina, under a statute providing that when the personal estate of a decedent is insufficient to pay debts the executor or administrator may apply by petition to the superior
We recommend that the appeal be dismissed.
By the Court: For the reasons stated in the foregoing opinion, the appeal is
Dismissed.