188 A. 470

JUDGE OF PROBATE v. JOHN F. DALY.

Supreme Court of New Hampshire Merrimack.
Decided December 1, 1936.

PROBATE APPEAL, by the defendant as an administrator. In the Superior Court the appeal was assigned for hearing and the defendant moved for a continuance. To the denial of the motion he excepted. Transferred by Burque, J.

Demond, Woodworth, Sulloway, Piper Jones (Mr. Piper orally), for the heirs.

John F. Daly (of Massachusetts), furnished no brief for the administrator.

Per Curiam.

The case is wrongly entitled. It should be in the name of the administrator as the appellant against the decedent’s heirs as the appellees.

The exception presents no question of law.

Exception overruled.

PAGE, J., was absent.

Page 478

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