Legal Opinion

McKernan v. Estabrook

Indiana Court of Appeals

Decided April 24, 1917No. 9,258PublishedCited by 6 opinions

From Marion Probate Court (742); Mahlon E. Bash, Judge. Action by James H. McKernan, administrator of tbe estate of Gamaliel Scott, deceased, .against Gay R. Estabrook, administrator of tbe estate of Ada M. Scott, deceased. ' From a judgment for defendant, tbe plaintiff appeals.

1Opinion of the Court

Batman, J. —

Appellant filed bis complaint in tbe court below on April 5, 1913, for a new trial after term, under §589 Burns 1914, §563 R. S. 1881. Appellee filed a demurrer thereto for want. of facts, wbicb was sustained. Appellant refused to plead further, and judgment was thereupon rendered against *214him that he take nothing by his action, and for costs. This appeal is prosecuted for a reversal of such judgment, and' appellant has assigned as error the action of the court in sustaining appellee ’s demurrer to his complaint. The complaint alleges in substance that a cause was pending in the…

2Cases cited21 opinions

  1. Hines v. DriverIndiana Supreme Court · 1885
  2. Morrison v. CareyIndiana Supreme Court · 1891
  3. Allen v. BondIndiana Supreme Court · 1887
  4. Davis v. DavisIndiana Supreme Court · 1896
  5. Daugherty v. PayneIndiana Supreme Court · 1911

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3Cited by6 opinions

  1. Engle v. Director General of RailroadsIndiana Court of Appeals · 1921
  2. Hardendorf v. GafnerWyoming Supreme Court · 1938
  3. Eastern, Etc., Plow Co. v. Stout, Exrx.Indiana Court of Appeals · 1925
  4. Eastern Rock Island Plow Co. v. StoutIndiana Court of Appeals · 1925
  5. McKernan v. EstabrookIndiana Court of Appeals · 1921

1 more not listed; retrieve them via the Exa API.

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