Smith v. Moore

1. The issues in this case arose upon an application to the court of ordinary by P. B. Smith and E. C. Smith, as the next of kin of M. B. Ballenger, deceased, for letters of administration with the will annexed upon the estate of said M. B. Ballenger. Said application was caveated by W. C. Moore, administrator of Mrs. Affiah Ballenger, deceased, and applicants demurred to said caveat. The case was appealed by consent to the superior court, .and there submitted to the presiding judge without the intervention of a jury. The court overruled applicants’ demurrer, and the case proceeded to trial…