Rost v. Heyka

The opinion of the court was delivered by

Johnston, C. J.:

This was an action to recover damages for the conversion of personal property, brought by Frank Rost as administrator of his father’s estate against Frank Heyka and other claimants to a share in the estate of the deceased. The court overruled plaintiff’s demurrer to- the answer of defendants, and defendants filed a demurrer to plaintiff's reply to an answer of the defendants, which the court sustained, and the plaintiff appeals from these rulings.

Frank Rost died intestate on January 5, 1926, leaving as his heirs his sons, Frank W. Rost,…