McKernan v. Estabrook
Indiana Court of Appeals
From Marion Probate Court (1,140); Mahlon E. Bash, Judge. Action by James H. McKernan, administrator of the estate of Gamaliel Scott, deceased, against Gay R. Estabrook, administrator of the estate of Ada M. Scott, deceased. From a judgment for defendant, the plaintiff appeals.
1Opinion of the CourtNichols, J.
This action is for a new trial after term on the alleged ground of fraud by way of false testimony. The only error assigned is the action of the court in sustaining the demurrer to appellant’s complaint. It is averred in the complaint that on October 24, 1910, appellant filed his complaint against appellee wherein he sought to recover from the property of appellant’s decedent some moneys in the possession of appellee. Appellee filed a general denial to such complaint and the cause was tried in the Marion Probate Court on March 19, 1912, and a judgment rendered in said cause against appellant…
2Cases cited2 opinions
- H. K. Toy & Novelty Co. v. RichardsIndiana Court of Appeals · 1917
- McKernan v. EstabrookIndiana Court of Appeals · 1917