United States Supreme Court Cases & Opinions

U.S. Supreme Court

Leach v. Burr, 188 U.S. 510 (1903)

Leach v. Burr

No. 146

Argued January 27, 1903

Decided February 23, 1903

188 U.S. 510

Syllabus

Where an order is made on Friday by the Supreme Court of the District of Columbia in pursuance of the Act of June 8, 1898, 30 Stat. 434, which requires publication of a notice at least twice a week for a period of not less than four weeks, two publications in each successive seven days, commencing on the day of the entry of the order, is sufficient. Such an order does not require two publications for four weeks, each of which commences Sunday and ends Saturday.

A party who in response to a published notice appears and goes to trial without objection or seeking further time cannot thereafter be heard to question the sufficiency of the notice.

Page 188 U. S. 511

On a proceeding to probate a will in the Supreme Court of the District of Columbia, the burden of proof is on the caveators, and if they fail to sustain this burden and but one conclusion can be drawn from the testimony, the trial court has power to direct a verdict. When that court has done so and its action has been approved by the unanimous judgment of the Court of Appeals, this Court will rightfully pay deference to such action and opinion.

The case is stated in the opinion of the court.