Well's Administratrix v. Heil

Opinion op the Court by

Hobson, Commissioner—

Reversing.

Emma Wells, as the administratrix of the estate of Mart Wells, brought this action against Joseph J. Heil,' alleging that the deceased, on July 28, 1929, was negligently struck and injured by the defendant in the operation of an automobile owned by him, and praying judgment for $2,500 damages. The defendant demurred especially to the petition, on the ground that the plaintiff was without capacity to sue. The demurrer was overruled, and he then filed a plea in abatement alleging that on September 19, 1929, E. J. Williams was appointed…