SCHLEINING v. ESTATE OF SUNDAY

No. 21841.

431 P.2d 464 (1967)

Jake SCHLEINING, Plaintiff in Error, v. ESTATE of Morris R. SUNDAY, Defendant in Error.

Supreme Court of Colorado, En Banc.

September 5, 1967.


Attorney(s) appearing for the Case

Armand L. Forbes, Las Animas, for plaintiff in error.

Gordon, Lefferdink & Legg, Lamar, for defendant in error.


KELLEY, Justice.

Schleining, plaintiff in error (claimant), here challenges the trial court's power and discretion in dismissing, on its own motion, an appeal from the disallowance by the county court of his claim against the Estate of Sunday, defendant in error.

Claimant in proper time filed his claim in the probate proceedings. After a hearing the county court, on December 18, 1962, disallowed the claim. Claimant, on January 11, 1963, filed his appeal in...

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