Kirby v. Holmes
Indiana Supreme Court
APPEAL from the Decatur Circuit Court. _ This was a petition in the Probate Court of Decatur county, filed by Holmes and wife against Bradley Adkins, and the heirs at law of Martin Adkins, deceased, some of whom were minors. The suit was for dower on behalf of the female plaintiff, who was the lawful wife of said Martin at the time of his death, and had since married the other plaintiff. The petition also claimed damages for the withholding of the dower.
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APPEAL from the Decatur Circuit Court. _ This was a petition in the Probate Court of Decatur county, filed by Holmes and wife against Bradley Adkins, and the heirs at law of Martin Adkins, deceased, some of whom were minors. The suit was for dower on behalf of the female plaintiff, who was the lawful wife of said Martin at the time of his death, and had since married the other plaintiff. The petition also claimed damages for the withholding of the dower. The P^ibate Court gave judgment against the heirs for dower, and also for damages for withholding the dower. The defendants took an appeal…
1Opinion of the CourtStuart, J.
The main facts of this case will be found in the opinion delivered when it was here on appeal from the Decatur Probate Court, May term, 1850. 2 Ind. R. 197.
J. S. Scobey, for the appellants. J. Hyman, for the appellees.
In the Probate Court the parties all appeared to the suit. After it was reversed and remanded for a new assessment of damages, the Common Pleas issued process for the defendants. But this was superfluous. The parties were still in Court as they stood at the time the damages were erroneously assessed. The statute pointing out when a cause reversed and remanded shall stand for…
Also in this document: Per curiam.
2Cases cited2 opinions
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