Rothman v. Rumbeck

— This is an appeal from an order granting a new trial.

The plaintiff Daisy Meryln Rothman and Dick V. Rumbeck were wife and husband from January 25, 1918, to January 22, 1932. On this last date he obtained a divorce from plaintiff on the ground of desertion and thereafter married the defendant Elizabeth E. Rumbeck, who was his wife when he died on July 8, 1937. On July 26, 1937, defendant was granted letters of administration of her deceased husband’s estate.

On or about October 13, 1937, the plaintiff presented to the defendant administratrix a creditor’s claim for allowance as follows:…