252 N.W. 83 | Minn. | 1934
In our opinion the municipal court had ample showing on the motion to justify it in striking out the reply and in ordering judgment for the defendant. The matters had been adjudicated in the probate court, and, if so, it is here conceded that its decision was binding as between these parties.
In the other case the widow sued the administrator personally together with the surety upon his administrator's bond for the money assigned to her in the final decree. The administrator sought to interpose as counterclaims the three causes of action to which we have referred above. The municipal court sustained a demurrer to the answer apparently upon the ground that the administrator could not set up claims due the estate in a suit brought against him personally upon the decree of distribution to the widow. The answer admitted the allowance of the account and the decree of distribution to the widow.
In this case we are also of the opinion that the municipal court was correct. Williams v. Davis,
The orders appealed from are affirmed. *433