28 Minn. 381 | Minn. | 1881
The time previously allowed for creditors to present their claims against the estate of Robert S. Alden, deceased, having expired, the probate court of Hennepin county made an order— First, granting Barton, an alleged creditor, further time within which to present his claims; and, second, allowing the same against said estate. The petitioner, insisting that the court had no authority to grant such further time in the circumstances of the case, sued out a writ of certiorari from this court for the purpose of bringing up the order granting the same, for review.
The respondent moves to quash the writ, upon the ground that the petitioner’s remedy is by appeal. The motion must be granted. The appellate jurisdiction of this court will not be exercised through.
Upon either of these appeals we are of opinion that the question of the validity of an order granting further time for the presentation of claims against a decedent’s estate may be raised and determined in the district court, and such determination may be reviewed upon appeal to this court. Tredway v. Allen, 20 Wis. 475. For the purpose of raising such question and having it determined, the proceedings of the probate court in granting further time may be brought before the district court by transcript or other authentic evidence. If, in this case, (a fact which the respondent’s answer leaves in some uncertainty,) the time for appealing from the order allowing claims which is provided for in Gen. St. 1878, c. 53, § 21, has expired, the relator may still have recourse to an appeal from the order directing payment of Barton’s claim, whenever it shall be made. This case is clearly distinguishable from Mass. Mut. Life Ins. Co. v. Estate of Elliott, 24 Minn. 134, cited by petitioner. In that case the probate court refused to grant further time for the presentation of a claim against a decedent’s estate. The order of refusal could not be reached, for the purpose of a review, upon an appeal from the allowance of any claim or claims, nor, as held in the opinion of this court in the case cited, upon an appeal from an order or judgment, under
The writ is quashed; but as the case goes off upon an important question of practice, which is not only new' here but presents considerable difficulty, especially in view of the unsatisfactory condition of our probate law, no costs are allowed.