Pardee v. Kuster
Wyoming Supreme Court
ERROR to the District Court, Albany County, Hon. David H. Craig, Judge. Action brought by Annie Pardee against Charles F. Kus-ter, Frederick Reinsberg, and Rudolph Abrams, as executor of the will of Charles Kuster, deceased, to establish an alleged lost, will devising certain property to the plaintiff. Judgment was given for the defendants, and plaintiff prosecuted error.
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ERROR to the District Court, Albany County, Hon. David H. Craig, Judge. Action brought by Annie Pardee against Charles F. Kus-ter, Frederick Reinsberg, and Rudolph Abrams, as executor of the will of Charles Kuster, deceased, to establish an alleged lost, will devising certain property to the plaintiff. Judgment was given for the defendants, and plaintiff prosecuted error. The presumption that a trial court is better able to judg'e between conflicting statements of witnesses than the appellate court (Rainsford v. Massengale, 5 Wyo., 1; Conway v. Merc. Co., 6 Wyo., 479) is not applicable to…
1Opinion
ON PETITION FOR REHEARING.
Scott, Justice.
The plaintiff in error has filed her petition for a rehearing upon the ground that the defendants in error filed no *382cross-assignment of error to the overruling of their demurrer to the petition. It .is urged that in the absence of such cross-assignment the question of the sufficiency of the petition was not before the court. Taking that view, she submitted no oral argument thereon, nor did she refer to this question in her brief. The defendants in error called this court’s attention to the question and devoted a considerable part of their brief to its…
2Cases cited9 opinions
- Anderson Building, Loan Fund & Savings Ass'n v. ThompsonIndiana Supreme Court · 1882
- Reddick v. KeeslingIndiana Supreme Court · 1891
- Fell v. MullerIndiana Supreme Court · 1881
- Rogers v. State ex rel. GrimesIndiana Supreme Court · 1884
- Thrash v. StarbuckIndiana Supreme Court · 1896
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