Union Traction Co. v. Forst
Indiana Supreme Court
From Huntington Circuit Court; J. C. Branyan, Judge. Action by the Union Traction Company of Indiana against Alfred Forst, executor of the last will and testament of Sarah Forst, deceased. From a judgment in favor of defendant, plaintiff appeals. Transferred from Appellate Court, under §1887u Burns 1901.
1Opinion of the CourtJordan, J.
Appellant prosecuted this action in the lower court to set aside the probate of the last will and testament of Sarah Forst, and to revoke and cancel letters testamentary issued therein to appellee Alfred Forst. Appellee demurred to the complaint upon two grounds; (1) Want of capacity of the plaintiff to sue; (2) insufficiency of facts. The court appears to have sustained the demurrer upon both grounds, and, upon appellant’s refusal to plead further, judgment was rendered against it on demurrer. *568Tlio transcript was filed on March 28, 1903, and the cause was submitted on April 27. Appellant…
2Cases cited3 opinions
- Berkshire v. CaleyIndiana Supreme Court · 1901
- Neu v. Town of BourbonIndiana Supreme Court · 1901
- People's National Bank v. State ex rel. EmersonIndiana Supreme Court · 1902
3Cited by8 opinions
- Bryant v. School Town of Oakland CityIndiana Supreme Court · 1930
- Burroughs v. BurroughsIndiana Supreme Court · 1913
- Miller v. JulianIndiana Supreme Court · 1904
- Hanrahan v. KnickerbockerIndiana Court of Appeals · 1905
- Cobe v. MalloyIndiana Court of Appeals · 1909
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