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.

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© 2007 Sue Wood.

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