Legal Opinion

Van Sant v. Wentworth

Indiana Court of Appeals

Decided May 25, 1915No. 8,541PublishedCited by 7 opinions

From Vigo Circuit Court; George A. Scott, Special Judge. Action by Mollie Wentworth against Richard H. Van Sant, administrator of the estate of Samuel H. Van Sant, deceased. From a judgment of dismissal, the defendant appeals.

1Opinion of the CourtCaldwell, P. J.

This was an action brought by the appellee to establish a claim against the estate of appellant’s decedent. At the close of the evidence the appellant moved the court for a peremptory instruction in his behalf. In the absence of the jury the court heard argument respecting the giving of the instruction, and at the close of the argument indicated its determination in the following language: “The court announces its decision, which is that it will give instruction No. 1 to the jury, directing the jury to return a verdict for the defendant herein.” *592The jury was recalled, but before such…

2Cases cited15 opinions

  1. Vertrees' Adm'r v. Newport News, Co.Court of Appeals of Kentucky · 1894
  2. McClaren v. Indianapolis & Vincennes RailroadIndiana Supreme Court · 1882
  3. Moore-Mansfield Construction Co. v. Marion, Bluffton & Eastern Traction Co.Indiana Court of Appeals · 1913
  4. New Hampshire Banking Co. v. BallSupreme Court of Kansas · 1897
  5. Mitchell v. FriedleyIndiana Supreme Court · 1891

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3Cited by7 opinions

  1. King v. Superior CourtCalifornia Court of Appeal · 1936
  2. Darby v. Pidgeon Thomas Iron Co.Tennessee Supreme Court · 1921
  3. Eason v. Northern Indiana Public Service Co.Indiana Court of Appeals · 1953
  4. Sauer v. SauerIndiana Court of Appeals · 1921
  5. Reynolds v. VidorCalifornia Court of Appeal · 1941

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