Estate of Wells v. Wells
Indiana Supreme Court
Erom the Delaware Circuit Court.
1Opinion of the CourtWorden, J.
This was a claim filed by Austin T. Wells against the estate of Joseph C. Wells, deceased. It is to he inferred from the record and the proceedings of the court, that Austin T. Wells was the executor or administrator of the estate of the deceased, though, if it is so stated in the record, the statement has escaped us.
The estate of a dead man can not be a party to a suit without some representative; and the suit should he carried on in the name of the representative as such. It *510would have been more formal, if the plaintiff had filed his claim in his individual capacity against himself in his…
2Cases cited9 opinions
- Sutherland v. HankinsIndiana Supreme Court · 1877
- Riser v. SnoddyIndiana Supreme Court · 1856
- School Town of Princeton v. GebhartIndiana Supreme Court · 1878
- Smith v. StanfordIndiana Supreme Court · 1878
- Mahon's Adm'r v. SawyerIndiana Supreme Court · 1862
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Johnson v. WileyIndiana Supreme Court · 1881
- Taggart v. TevannyIndiana Court of Appeals · 1891
- Rapp v. KesterIndiana Supreme Court · 1890
- Stout v. WoodsIndiana Supreme Court · 1881
- American Fire Insurance Co. of New York v. SiskIndiana Court of Appeals · 1894
19 more not listed; retrieve them via the Exa API.