Buchoz v. Pray , 36 McGrath 429 ( 1890 )

The duty of commissioners on claims in the Probate Court to report the proof of a contingent claim presented to them, is not judicial, but ministerial, and its omission cannot be remedied, rectified or redressed by appeal; its observance must be enforced by warrant (Comp. Laws 1871, Sec. 5200, How. Ann. Stat., Sec. 8544), or by mandamus, or by attachment, or the proof must be supplied, if necessary, in some special way.