Supreme Court of New Mexico
Decision Information
In re Romero's Estate - cited by 4 documents
Winans v. Bryan - cited by 44 documents
Decision Content
IN RE ROMERO'S ESTATE, 1934-NMSC-032, 38 N.M. 308, 31 P.2d 999 (S. Ct. 1934)
In re ROMERO'S ESTATE. ESTRADA
vs.
ROMERO
No. 3961
SUPREME COURT OF NEW MEXICO
1934-NMSC-032, 38 N.M. 308, 31 P.2d 999
April 16, 1934
Appeal from District Court, Socorro County; Owen, Judge.
In the matter of the estate of Ramon N. Romero, deceased. From an adverse ruling, Electo Estrada, administrator, opposed by Lupe Gallegos de Romero, appeals. On motion to dismiss the appeal.
See, also, 38 N.M. 210, 30 P.(2d) 718.
COUNSEL
William J. Eaton, of Socorro, for appellant.
Charles H. Fowler, of Socorro, for appellee.
JUDGES
Bickley, Justice. Watson, C. J., and Sadler, Hudspeth, and Zinn, JJ., concur.
OPINION
{*309} {1} Appellee requested the district court to try de novo certain issues upon which the probate court had rendered decisions within ninety days prior to the filing of petition for removal of the administration of the estate. Appellant resisted the request on the ground that the jurisdiction of the district court to enter upon such trial de novo was not invoked by an "interested person" as provided by Comp. St. 1929, § 34-423.
{2} From an adverse ruling, appellant has taken a short appeal, claiming the right thereto under section 2 of rule II, Rules of Appellate Procedure, asserting that the decision is one which practically disposes of the merits of the action. Appellee moves to dismiss the appeal. The motion is sustained on the authority of Winans v. Bryan, 33 N.M. 532, 271 P. 469.
{3} Whether appellant had a remedy by prohibition or otherwise we do not decide.