Westfall v. Wait
Indiana Supreme Court
From Marion Circuit Court (10,150); H. C. Allen, Judge. Proceeding by Harriet Westfall for the appointment of a receiver in a cause pending on appeal in the Supreme Court. From a judgment sustaining a motion to strike out the petition, plaintiff appeals.
1Opinion of the CourtHadley, J.
— In an action brought by appellant against the appellees in the Marion Circuit Court to contest the will of Clark Wait, final judgment was rendered for the plaintiff on February 24, 1902. The defendants (appellees) took a general appeal from the judgment, and perfected their appeal by filing a transcript and bond in this court on June 18, 1902. On October 23, 1902, while said appeal was still pending in the Supreme Court undetermined, the trial court, upon appellant’s motion, ordered said appealed case, under its original number, restored to the docket of said court, whereupon appellant…
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