Unger v. Mellinger
Indiana Court of Appeals
Prom Clinton Circuit Court; James F. Elliott, Special Judge. Petition by John Unger against Jacob Mellinger, as executor of the will of Eliza Unger, deceased. From a judgment for defendant, plaintiff appeals.
1Opinion of the CourtMyers, J.
This cause is here for the second time. Unger v. Mellinger (1906), 37 Ind. App. 639, 117 Am. St. 348. The petition of appellant remains unchanged. Appellee’s defense has been changed from the theory of a postnuptial contract to that of an antenuptial contract. Upon the return of this cause to the court below appellee filed two amended paragraphs of answer, each averring, in substance, that prior to the marriage of the appellant with appellee’s decedent, and in contemplation of marriage, they entered into a contract whereby each agreed that neither should have any interest in the property…
2Cases cited6 opinions
- McNutt v. McNuttIndiana Supreme Court · 1888
- Kennedy v. KennedyIndiana Supreme Court · 1898
- McAfee v. MontgomeryIndiana Court of Appeals · 1898
- Unger v. MellingerIndiana Court of Appeals · 1906
- Logansport & Pleasant Grove Turnpike Co. v. HeilIndiana Supreme Court · 1889
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3Cited by1 opinion
- Coca Cola Bottling Co. v. International Filter Co.Indiana Court of Appeals · 1916