Staley v. Scheck

This is an appeal on questions of law from a judgment of the Court of Common Pleas of Hamilton County.

The trial court overruled a motion by plaintiff to make a party defendant and sustained the motion of defendant to dismiss a petition to contest a will.

No bill of exceptions is presented here, nor was any filed in the trial court.

This court is confined to the allegations of the petition, sworn to only on belief, to ascertain the facts presented to the trial court, upon such motions. Passing the question whether sueh source is sufficient to present the necessary facts required to consider this…