Wood v. Wood

Opinion op the Court by

Judge Sims

Affirming.

The appellant, Mary Irene Wood, brought this action under section 518, subsection 7, Civil Code of Practice, for a new trial on the ground of unavoidable casualty or misfortune which prevented her from properly prosecuting a cause of action wherein she sought to set aside an order probating the will of John C. Wood. A general demurrer was sustained to her petition, she declined to plead further and prosecutes this appeal from the judgment dismissing the petition.

By reference in the petition the record in the original action was made a part of the…