Roberts v. Stuart

COLLARD, Judge.

The first assignment of error is that “the court erred in overruling plaintiffs’ demurrer and exceptions to defendant’s first amended answer, because it was not responsive to plaintiff’s petition in that for answer it is alleged that defendant on the 23d day of January, 1888, eight days after the death of Mrs. Ann R. Buckley, filed his petition to probate the will of Mrs. Buckley, and on the 8th day of March, 1888, Mrs. Mary L. Robinson filed her contest of the probate of the will, which continued till the — day of April, 1889, all of which is wholly immaterial, irrelevant) and…