ELLEN G. COOPER, Executrix of the Estate of JAMES E. COOPER, Informant, v. CHARLES H. D. SIMPSON, SR., Commissioner of the Monthly and Probate Court, Montserrado County, et al., Respondents.

JUDGMENT WITHOUT OPINION. Decided April 27, 1973. Raymond Hoggard for informant. ards for respondents. J. Dossen Rich- When this case was called counsellor Raymond Hoggard appeared for the informant and counsellor J. Dossen Richards appeared for the respondents. The record shows that this is a bill of information growing out of an application for a writ of certiorari filed in the Supreme Court, in which it is alleged that in a ruling of Mr. Justice Simpson handed down on March 5, 1971, upholding a judgment of the Probate Commissioner, the appointment of an additional administratrix had been confirmed. This appointment of the additional administratrix petitioner disagreed with, yet failed and neglected to appeal from, the ruling of Mr. Justice Simpson aforesaid, who was then presiding in chambers, and instead brought a bill of information to review the ruling and to reverse the appointment of the aforesaid additional administratrix. Respondents resisted the bill and contended that informant, not having taken an appeal from the ruling in chambers, and since there does not appear to be any order, directive, or mandate of this Court disobeyed by respondents, there is no basis for the bill of information and the bill should, therefore, be dismissed. After considering the bill and the resistance thereto and hearing argument on both sides, it is the opinion of 261 262 LIBERIAN LAW REPORTS this Court that the bill as filed cannot cure the neglect and failure to have appealed from the ruling in chambers with which the petitioning party had disagreed. It is, therefore, adjudged that the bill of information be and the same is hereby dismissed with costs against the informant. The Clerk of this Court is ordered to send a mandate to the Probate Court in Montserrado County, commanding the Commissioner therein to resume jurisdiction over the estate and enforce the judgment of Hon. Charles H. D. Simpson, Sr. And it is so ordered.