Bowers v. Bowers

This suit was brought by James Bowers, the appellee, against the appellants, Mary Bowers, widow, and the heirs of George Bowers, deceased, to establish a lost will of the deceased, under our statute. 2 G. & H. 561—2.

There is an irregularity in the title of the assignment of errors. Mary Bowers, one of the defendants below, assigns errors against the plaintiff and her co-defendants. This ought not to be done, unless the co-defendants had obtained an order, judgment or decree against her, which was not the case here.

We do not think this mistake of much consequence, as the whole contest in the…