Harris v. Angell

Decided October 20, 1888

Supreme Court of Rhode Island · decided 1888-10-20

In the report of commissioners upon claims against the insolvent estate of a decedent, each allowance of a claim is a separate judgment in favor of the claimant, although all the allowances be contained in one report. In case of an appeal under Pub. Stat. R. I. cap. 186, §§ 13,14, a separate appeal must be taken to each allowance. When a single appeal was taken to the report of commissioners allowing three claims against the estate of an insolvent decedent: ffeld9 that the appeal was void and could not be amended, as there was nothing to amend.

Cited by 1 later decisions — most recently February 1884

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1888-10-20

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¶1This is a single appeal from a report of commissioners on an estate which had been represented insolvent, allowing three separate claims against the estate in favor of three different persons. At a former term the court declared the appeal invalid, the allowance in each case being in effect a separate judgment, which, if appealed from, should have been appealed from separately. The counsel for the appellants now *349 moves to amend the appeal by striking out so much as purports to appeal from the allowance of all but one of the claims, thus, as he hopes, validating it. We do not think the amendment would avail. The appeal, being originally void, was without effect. It was as if it had not been taken. There is nothing which warrants our finding it valid as to one and invalid as to the other two, since it purports to extend to all alike. It was not defective merely, but a nullity, so that there is nothing here to be amended.

¶2Motion dismissed.Proceeding dismissed as void.