Paul v. Butler

The opinion of the court was delivered by

Hutchison, J.,:

This case is here on appeal taken by the plaintiff from the ruling of the trial court in sustaining a demurrer by one of the defendants to the petition and overruling the demurrer of the plaintiff to the answer of another defendant. There is also a motion to dismiss the appeal because it 'is claimed the matters involved have become moot since the appeal was filed in this court.

The plaintiff, as creditor and heir at law of her husband, commenced this action in the district court of Marshall county against her husband, the administrator of…