Kingan & Co. v. Hawley
Indiana Court of Appeals
From Union Circuit Court; F. 8. Swift, Judge. Action by Kingan & Go. against William Hawley, administrator, and another, to set aside a final settlement report. From a judgment sustaining a demurrer to the complaint, plaintiff appeals.
1Opinion of the CourtBoby, J.
Action by appellant. Demurrers to complaint sustained. Failing to plead further, judgment for costs was rendered from which the appeal is taken.
The sole question is whether the complaint states facts sufficient to constitute a cause of action. Its substantial averments are that appellant is a corporation; that appellee Hawley was, on June 3, 1898, appointed administrator of the estate of David C. Stewart, deceased; that he then qualified and entered upon the duties of said trust; that on December 20, 1897, appellant obtained a judgment against Stewart, then in life, for $87.75 and costs,…
2Cases cited4 opinions
- Crum v. MeeksIndiana Supreme Court · 1891
- Miller v. SteeleIndiana Supreme Court · 1878
- Harter v. SongerIndiana Supreme Court · 1894
- Chase v. BeesonIndiana Supreme Court · 1883
3Cited by2 opinions
- Mutual Hospital Services, Inc. v. BurtonIndiana Court of Appeals · 1998
- Sense v. RoachIndiana Supreme Court · 1944