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28 Mich. 365

Conrad v. Button

Michigan Supreme Court

Decided November 5, 1873

Michigan Supreme Court · decided 1873-11-05

<p>Remedy: Administratm's: Removal: Error. Proceedings before tbe probate coart for the removal of an administrator are not according to tbe course of the common law; and their nature is not altered when the cause is removed by appeal to the circuit court; and a writ of error does not lie to review' them.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1873-11-05

How this case has been cited

Cited by 6 later decisions — most recently March 1932

6 state decisions

301873188018901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1Conrad was removed from his office of administrator by the probate court, and he appealed from the order removing him, to the circuit court.

¶2The case was there tried before a jury and the order of removal was affirmed. Exceptions were taken to the admission of evidence and to instructions given to the jury, and the administrator now asks us to review these various rulings on writ of error. On looking into the case we are satisfied that we have no jurisdiction in the case. The point, we think, is clearly settled against the jurisdiction by Holbrook v. Cook, 5 Mich., 225.

¶3The proceeding in the probate court to remove an administrator is not one according to the course of the common law, and its nature is not altered when it is removed into the circuit court by appeal. The inquiry is one of a peculiar and exceptional character and which ought to be conducted with all reasonable celerity, and the law does not contemplate that the settlement of estates shall be procrastinated and embarrassed by reviews of such matters on writ of error.

¶4The writ should be dismissed.

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