
    Peter Trosper v. O. C. Horr, Adm’r.
    
      Error from Marshall Qounty.
    
    Decision in Renter v. Sauer [3 Kas., 503], that the act of Feb. 27, ’60 [L. ’60, p. 172, §22], repealed the provisions of the act of Feb. 3, 1859, relating to executors and administrators [Gomp. L., 546, § 232, et. seq.], and the act of’60 was repealed by the act of March 6, ’62 [Comp. L., 81], confirmed, to the effect that an appeal from probate court to district court was not authorized.
    The plaintiff in error, Trosper, sued the administrator in probate court, to enforce the specific performance of a contract of tlie decedent, and obtained a decree of tbe probate court in bis favor. Tbe administrator, appealed to tbe district court of tbe county, and a new petition was filed. Tbe plaintiff in error moved a dismissal of tbe appeal, and filed an answer, wbicb mo-’ tion was overruled, and plaintiff in error appeals to tbis court.
    
      J. D. Brumbaygh, for plaintiff in error,
    referred to tbe case already decided by, tbis court: Renter v. Bauer, 3 Kas., 503.
    No attorney for defense.
   Per curiam,

King-man, C. J.

Tbis was an appeal from tbe probate court to tbe district court, in October,‘1865. A motion to dismiss was made and overruled. Tbe motion should bave been sustained, for reasons fully stated in tbe case of Renter «. Bauer, 3 Kas.,’504. Tbe order of tbe court overruling the motion to dismiss is reversed, and tbe cause sent back, with instructions to dismiss tbe appeal.

All -tbe justices concurring.  