In Re Estate of Ploetz

Minnesota Supreme Court
In Re Estate of Ploetz, 243 N.W. 383 (Minn. 1932)
186 Minn. 395; 1932 Minn. LEXIS 907
PER CURIAM.

Can I rely on this case?

Yes — no negative treatment found

Based on 3 citing opinions

Analysis generated from citing opinions in this archive. Not legal advice.

In Re Estate of Ploetz

Opinion of the Court

Per Curiam.

This will contest is here on attempted appeal from an order of the district court, made when the case was there called for trial, dismissing the appeal of Bertha Otting, proponent, to the district court from the order of the probate court denying probate of the supposed will.

Under the statute, G. S. 1923 (2 Mason, 1927) § 89S8, the appeal from the probate court to the district court stood for trial de novo *396 in tlie latter tribunal. The mere order of dismissal there was not appealable. Graham v. Conrad, 66 Minn. 470, 69 N. W. 215; Thompson v. Berg, 151 Minn. 560, 187 N. W. 703. If appellant wanted review here of that decision, our procedure required either a motion for a new trial or the entry of judgment of dismissal. In the one case an appeal could be taken from the order denying a new trial, and in the other from the judgment.

Respondent’s motion to dismiss the appeal must be granted.

So ordered.

Reference

Full Case Name
In Re Estate of August Ploetz. Bertha Otting, Appellant
Cited By
3 cases
Status
Published