Harden v. Harden

The parties will be referred to as they appeared in the trial court. This is an appeal from an order of the district court made on June 2, 1942. The appeal is by transcript and attacks the order sustaining a demurrer to the petition of plaintiffs below. The petition asserts rights, all of which are based upon an assumption that the order admitting the will of Andrew J. Harden, deceased, to probate will be vacated on appeal.

A motion to dismiss has been filed on the ground that all issues have been fully determined in a prior proceeding in an opinion rendered by this court on the 12th day of…