Collins v. Lindsay

Idaho Supreme Court

Collins v. Lindsay

210 P. 133, 36 Idaho 167, 1922 Ida. LEXIS 148

Idaho Supreme Court·Decided October 18, 1922·Published

Opinion

MCCARTHY, j.

This is a guardianship proceeding. Appellant has moved to dismiss the appeal. Respondent, the former guardian, makes an original application in this court for an additional allowance to him on account of services rendered and attorney fees incurred on this appeal. This court has no jurisdiction to make such allowance. His claim against the estate for such services and expenses must be presented to the probate court for settlement and allowance. (C. S., sec. 7868.)

Respondent’s application is denied and appellant’s motion to dismiss the appeal- is granted.

Rice, C. J., and Budge, Dunn and Lee, JJ., concur.

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MCCARTHY, j.

This is a guardianship proceeding. Appellant has moved to dismiss the appeal. Respondent, the former guardian, makes an original application in this court for an additional allowance to him on account of services rendered and attorney fees incurred on this appeal. This court has no jurisdiction to make such allowance. His claim against the estate for such services and expenses must be presented to the probate court for settlement and allowance. (C. S., sec. 7868.)

Respondent’s application is denied and appellant’s motion to dismiss the appeal- is granted.

Rice, C. J., and Budge, Dunn and Lee, JJ., concur.

Collins v. Lindsay, 210 P. 133, 36 Idaho 167, 1922 Ida. LEXIS 148 (Idaho 1922).

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