Curtis v. Probate Judge

Michigan Supreme Court

Curtis v. Probate Judge

1 McGrath 410, 35 McGrath 219

DecidedOctober 27, 1876

StatusPublished

This text of 1 McGrath 410 (Curtis v. Probate Judge) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Curtis v. Probate Judge, 1 McGrath 410, 35 McGrath 219 (Mich. 1876).

Pincite

Opinion

To compel respondent to proceed at once to set off to relator, a widow, her statutory allowance.

Granted October 27, 1876.

Delator having filed her application, the probate judge denied the same. On appeal his action was reversed. When the order of the Circuit Court was certified to the probate judge it became the duty of that officer to proceed at once, when applied to, to make the allowance. The reason assigned for his not doing so is, that a motion had been made in the Circuit Court to set aside its order.

Held, that this motion did not amount to a stay of proceedings.

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To compel respondent to proceed at once to set off to relator, a widow, her statutory allowance.

Granted October 27, 1876.

Delator having filed her application, the probate judge denied the same. On appeal his action was reversed. When the order of the Circuit Court was certified to the probate judge it became the duty of that officer to proceed at once, when applied to, to make the allowance. The reason assigned for his not doing so is, that a motion had been made in the Circuit Court to set aside its order.

Held, that this motion did not amount to a stay of proceedings.

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Bluebook (online)

1 McGrath 410, 35 McGrath 219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curtis-v-probate-judge-mich-1876.