Patton v. Bostwick

Michigan Supreme Court

Patton v. Bostwick

39 Mich. 218, 1878 Mich. LEXIS 270

CourtMichigan Supreme Court

DecidedJune 21, 1878

StatusPublished

Cited by3 cases

This text of 39 Mich. 218 (Patton v. Bostwick) 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

Patton v. Bostwick, 39 Mich. 218, 1878 Mich. LEXIS 270 (Mich. 1878).

Pincite

Opinion

Marston, J.

This was simply a claim for a certain amount of money claimed to be due and owing upon a written agreement entered into by Victor M. Bostwick. After his decease the claim was presented against his estate, for allowance by the commissioners and was disallowed. Instead of taking an appeal a bill in chancery was filed and a decree rendered in favor of complainant. The claim in any view of the case was a proper one to be presented against the estate, and it was one which the commissioners had full power and authority [219]*219to allow. 2 Comp. L., § 4431. If disallowed the only remedy which was left the claimant was by an appeal.

The decree must be reversed and the bill dismissed with costs.

The other Justices concurred.

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Marston, J.

This was simply a claim for a certain amount of money claimed to be due and owing upon a written agreement entered into by Victor M. Bostwick. After his decease the claim was presented against his estate, for allowance by the commissioners and was disallowed. Instead of taking an appeal a bill in chancery was filed and a decree rendered in favor of complainant. The claim in any view of the case was a proper one to be presented against the estate, and it was one which the commissioners had full power and authority [219]*219to allow. 2 Comp. L., § 4431. If disallowed the only remedy which was left the claimant was by an appeal.

The decree must be reversed and the bill dismissed with costs.

The other Justices concurred.

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Bluebook (online)

39 Mich. 218, 1878 Mich. LEXIS 270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patton-v-bostwick-mich-1878.

Opinion

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