Schlemmer v. Schendorf

The appellee, Emma Schendorf, filed her claim against the estate of her deceased husband, Nicholas Schendorf, of which the appellant is the administrator, with the will annexed. The statement of claim consisted of two paragraphs, and the cause was tried without an answer, the finding for the appellee showing by the amount thereof that the court found for her upon both paragraphs of the statement. The appellant’s motion for a new trial was overruled.

There is no dispute as to the right of the appellee to recover upon the first paragraph of her statement of claim, but the question is presented…