Bradwell v. Wilson

Summary

The court held that a justice of the peace has jurisdiction over an action against an administrator on a claim against the estate, where the amount does not exceed $200, and that a judgment directing payment as a claim of the seventh class is valid. The probate court should allow such a judgment as a claim.

Holdings

1. A justice of the peace has jurisdiction over an action against an administrator on a cause of action against the intestate when the amount claimed does not exceed $200 and the action is of a character within the justice's statutory jurisdiction.
2. The fact that a judgment against an administrator directed payment of the sum recovered, with costs, 'as a claim of the seventh class' does not make the judgment erroneous.
3. A claim against a deceased person's estate is established in probate by filing a certified copy of a judgment regularly obtained against the personal representative.

Questions Presented

1. Whether a justice of the peace has jurisdiction of an action against an administrator upon an alleged cause of action against his intestate.
2. Whether a judgment against an administrator that directs payment 'as a claim of the seventh class' is erroneous.
3. Whether presenting a certified copy of a regularly obtained judgment to the probate court is proper practice to establish a claim against an estate.

Disposition

reversed_and_remanded