Rule v. Cheeseman

The opinion of the court was delivered by

Robb, J.:

A petition was filed and a malpractice action commenced by plaintiff against defendant, as personal representative of her deceased husband’s estate, in the probate court where decedent’s estate was being probated. The probate court transferred the case to the district court for trial. At the conclusion of the evidence, which was principally by depositions, a motion by defendant for a directed verdict was sustained and the jury so returned its verdict for defendant. Plaintiff appeals from the order sustaining defendant’s motion for a directed…