Foley v. Gavin

The plaintiff in error petitioned the county court of Pueblo county to be appointed administratrix of the estate of Timothy H. Foley, and for the removal of Austin Gavin, defendant in error, as such administrator. She claimed to be his widow. On trial it.was determined she was not. She appealed to the district court with the same result, and brings the case here for review.

Defendant in error claims that the petition does not state sufficient facts because it does not sufficiently state the marriage. We think it states more than necessary. Marriage is an ultimate fact and no allegation of…