Mitchell v. Carter

OPINION

McDONALD, Chief Justice.

Plaintiff Mitchell appeals from summary judgment she take nothing in suit against defendant Carter for damages.

In this case No. 25,828 plaintiff sued defendant Carter and other devisees of the will of H. P. Harper, deceased alleging: 1) the defendants entered into a conspiracy to distribute fraudulently the Harper Estate, and 2) that attorney Carter wrongfully refused to remove himself as attorney in cause No. 25,680.

Thereafter plaintiff nonsuited all devisee defendants leaving appellee Carter as the only defendant.

Defendant Carter answered that all matters in…