Curry v. Plessinger
Indiana Court of Appeals
From Wells Circuit Court; Charles E. Sturgis, Judge. Petition and application by William A. Curry and Mary S. Wieeking for revocation of letters of administration granted to Charles H. Plessinger on the estate of David Franklin Curry, deceased, and for the granting of such letters to the petitioners. From a judgment against the petitioners, said petitioners appeal.
1Opinion
On Petition for Rehearing.
Hottel, J.
— Appellee urges that a rehearing should be granted in this case, and as grounds therefor insists (1) that the appeal was taken under §669 Bums 1908, §630 E. S. 1881, presenting a reserved question of law, and that under such an appeal a consideration of the evidence is not proper; (2) that the appellant waived the point on which the decision was reversed; (3) that the opinion is wrong even on the merits of the question presented by the appeal.
9. On the first ground of the petition, it is sufficient to say, that while it is true that the record discloses…
2Cases cited2 opinions
- McKendry v. Sinker, Davis & Co.Indiana Court of Appeals · 1891
- Curry v. PlessingerIndiana Court of Appeals · 1911