West v. Wilkie

The opinion of the court was delivered by

Thiele, J.

This is an appeal from an order and judgment of the district court sustaining motions to set aside answers of the jury to special questions, to set aside the verdict of the jury and to grant a new trial, and arises out of the following facts:

*370A petition for the allowance of a claim against the estate of C. A. Lightfoot, deceased, was filed in the probate court by Lulu E. West and “Harry West, Executor.” (The record does not show of whose will or estate Harry West is executor.) The substance of the claim was that Lulu E. West was entitled to…