Klose v. Collins

The opinion of the court was delivered by

Hutchison, J.:

This appeal is by the plaintiffs from an order of the trial court sustaining the demurrer of the defendants to the evidence of the plaintiffs and rendering judgment for defendants for costs in an action to set aside a will.

There are six assignments of error, but only the fifth and sixth are stressed, and they are as follows: “The findings and judgment of the court is contrary to the law and evidence in said cause,” and “The court erred in sustaining defendants’ demurrer to the evidence.”

A preliminary question is also urged that the burden…