PLUMMER, EXEC., ETC. v. Ulsh

This case involved a claim of approximately $5,000.00 against the estate of the decedent, one Effie Ulsh. The Trial Court allowed the claim, and the Appellate Court affirmed the decision.

In his petition to transfer, the executor makes, essentially, these two arguments:

1. That the Appellate Court erroneously decided a new question of law in stating in its opinion: “We have no Indiana law comparable to Rule 26(f).” (Federal Rules of Civil Procedure)

2. That the Appellate Court erroneously decided a new question of law in saying that the mere taking of a conditional examination, or deposition of…