Kane v. Mayhew

This cause contests the probated will of Miss Sara Kane, deceased. The cause was tried before the court without a jury; the finding was that what we may term the altered will was the true will of testatrix: defendant contestees appealed. The appeal lies to the supreme court because the amount in dispute is in excess of $7500, and title to real estate is involved. We might say that this cause was tried and decided by Judge Emory Smith; motion for a new trial was timely filed. Thereafter Judge Smith ceased to be circuit judge; the motion was not ruled, but was deemed denied under Sec. 118, Laws…