Myers, Exrx. v. Hogue

OPINION

By SHERICK, J.

We would first dispose of the second contention of the defendants in error. What we shall say in respect thereto is in part relevant to their first claim. If the first claim of the defendants in error, that the executrix and the individual are one and the same person, and the making of the individual a party and causing her to be summoned in the trial court was a vain and superfluous act, then by a parity of reasoning the doing of those acts in this court should and would be equally ostentatious. In this respect the claims contended for are in direct variance. Both cannot…