Dunn v. Dilks
Indiana Court of Appeals
From Marion Circuit Court (10,452); JET. C. Allen, Judge. Action by R. W. Dunn and others, executors of the estate of John S. McCray, deceased, against Eleanora Dilks, executrix of the will of John H. Dilks, deceased. From a judgment in favor of defendant, plaintiffs appeal.
1Opinion of the CourtWiley, P. J.
A demurrer for want of sufficient facts > was sustained to appellants’ amended complaint, and, they refusing to plead over, judgment was rendered against them for costs. Sustaining the demurrer to the amended complaint is assigned as error.
The complaint, together with the exhibits and exemplifications, is voluminous, but the facts as stated in the complaint upon which the decision must rest may properly be stated in few words. On August 11, 1871, the deceased, John IT. Dilks, and Robert Sutton executed their joint note, payable to James S. McCray, now deceased, due ninety days after date, for…
2Cases cited9 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Grover & Baker Sewing MacHine Co. v. RadcliffeSupreme Court of the United States · 1890
- Thormann v. FrameSupreme Court of the United States · 1900
- Owens v. HenrySupreme Court of the United States · 1896
- Steel v. SmithSupreme Court of Pennsylvania · 1844
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3Cited by3 opinions
- Irose v. BallaIndiana Supreme Court · 1914
- Frank v. WolfCourt of Appeals of Georgia · 1916
- Markham v. GottsegenDistrict Court of Appeal of Florida · 1965