Battey v. Mathewson

Stiness, C. J.(1) The husband of Mabel Battey Mathewson, deceased, was appointed administrator of her estate, and her father appealed from the decree of appointment. The appeal was dismissed in the Common Pleas Division, and the appellant asks for a new trial. • The record shows that the case was heard on a motion to amend the reasons of appeal, and dismissed. We find no written motion showing what amendment was proposed, nor any statement of it in the petition for a new trial.

Franklin P. Owen, for appellant. Charles A. Wilson, for appellee.

The appellant’s brief assumes that he was both…