Hoekstra v. Jenkins

DONALD L. MANFORD, Special Judge.

This is a civil action seeking recovery against a decedent’s estate. The judgment is affirmed in part and reversed in part and the cause is remanded.

Three points presented by appellants, in summary, charge the trial court erred (1) in refusing to hear any evidence in said cause; (2) in taking judicial notice of the transcript and file of another proceeding upon its own motion, and (3) in dismissing a claim of plaintiffs for wrongful death upon the doctrine of spousal immunity.

Appellants, plaintiffs below, filed their petition in four counts. Count I was to…