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ESTATE OF ELLEN DOYLE.

 

No. 5650---Sept. 10, 1874.

 

PRACTICE.---REMOVAL OF ADMINISTRATOR.---Administrator not entitled to a jury upon the question of his removal for maladministration.

 

An application for the removal of an administrator under Sec. 1436-8, C. C. P., is to be heard by the Court sitting without a jury, the question being one entirely within the discretion of the judge.

Construing sections, C. C. P., 1436-8.

 

 

 

 

A. C. Searle, for administrator.

 

F. F. Taylor, contra.

 

This proceeding is under Secs. 1436-8, C. C. P., for the removal of the administrator for maladministration.

The administrator demanded a jury to try the issues, claiming that such is his right.

 

By the COURT: The demand is denied. The statute expressly provides that the Court shall try the issues.

 

 

 

 

Transcribed by Sue Wood.


2007 Sue Wood.




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