Babb v. Stewart

*513The opinion of the court was delivered by

Hoch, J.:

The appellee, Stanley G. Stewart, filed his petition in probate court for allowance of demand against the estate of William D. Pratt, deceased, then in process of administration. T. C. Babb, executor of the estate, demurred to part of the petition. The demurrer was sustained, and an appeal taken to the district court. The district court overruled the demurrer and remanded the case to the probate court. From that order this appeal was taken by the executor.

Appellant’s principal contentions are that facts alleged in the petition show a demand…