Majority
p. 47Wobd et al v Byington. ([1] )
J. R. Lawrence, for appellants;
J. Rhoades, for respondent.
This case, which was an appeal from an order of a surrogate made upon an application for the sale of the real estate of infants, was noticed as a special motion, and placed upon the calendar also : and the question was raised as to the manner in which it was to be heard.
The chancellor said the application before the surrogate was a summary proceeding,, and therefore the appeal was not a proper case to be placed upon the calendar. And he directed that it should be heard as a special motion.