Majority
p. 68ESTATE OF ELLEN DOYLE. No. 5650 Sept. 10, 1874.
Headnote
Practice.—Removal oe Administrator.—Administrator not entitled to a jury upon the question of his removal for maladministration.An application for the removal of an administrator under Secs. 1436-8, G. G. 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.
p. 69A. 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.
The demand is denied. The statute expressly provides that the Court shall try the issues.