Legal Opinion

Stimson v. Rountree

Indiana Court of Appeals

Decided October 9, 1912No. 7,670PublishedCited by 2 opinions

Prom Boone Circuit Court; Samuel R. Artman, Judge. Action by Robert B. Stimson, administrator of the estate of Lucy Stimson, deceased, against Charles Rountree, executor of the will of Florence B. Rountree, deceased, and others. Prom a judgment for plaintiff, the plaintiff appeals.

1Opinion of the CourtHottel, C. J.

— This is a second appeal in this case. Demurrers were sustained to appellant’s complaint in the court below, and on appeal the Supreme Court reversed the judgment and directed the trial court to overrule the demurrers. Stimson v. Rountree (1907), 168 Ind. 169, 78 N. E. 331, 80 N. E. 149.

Appellee Rountree, both as executor.and in his individual capacity, then filed four paragraphs of answer, the first of which, a general denial, was afterwards withdrawn. Demurrers to the remaining paragraphs were sustained as to the second and third and overruled as to the fourth. Issues were closed by a…

2Cases cited15 opinions

  1. Faught v. FaughtIndiana Supreme Court · 1884
  2. Spidell v. JohnsonIndiana Supreme Court · 1890
  3. Dufour v. DufourIndiana Supreme Court · 1867
  4. Stimson v. RountreeIndiana Supreme Court · 1906
  5. Peelle v. State ex rel. HipesIndiana Supreme Court · 1889

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3Cited by2 opinions

  1. In Re McGregor's Estate, Rawley, Exr. v. McGregorIndiana Supreme Court · 1936
  2. Alig v. Levey, TrusteeIndiana Supreme Court · 1942

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