Legal Opinion

Campbell v. Fichter

Indiana Supreme Court

Decided June 20, 1907No. 20,950PublishedCited by 10 opinions

Erom Decatur Circuit Court; Marshall Hacker, Judge. Action by William S. Campbell, as guardian of Erancis W. Ackerman, a minor, against Lawrence Eichter, as executor of the will of Eliza Ackerman, deceased,, and others. Erom a judgment for defendants, plaintiff appeals.

1Opinion of the CourtGillett, J.

*6471. *646Proceeding to contest a will. The action purports to be brought by William S. Campbell, as *647guardian of Francis W. Ackerman, but in the body of the complaint the latter (a minor) is referred to as the plaintiff, and this occasions some difficulty in determining -whether Ackerman is in court; but, as the guardian was treated as the plaintiff by the parties and the court below, and as he is assigning error in this court, we shall assume, and hold the parties to the theory, that the action is prosecuted by the guardian. See Maxedon v. State, ex rel. (1865), 24 Ind. 370. So construing the…

2Cases cited26 opinions

  1. Spencer v. RobbinsIndiana Supreme Court · 1886
  2. Sanderson's Administrators v. SandersonSupreme Court of Florida · 1880
  3. Lombard v. MorseMassachusetts Supreme Judicial Court · 1891
  4. Chicago & Atlantic Railway Co. v. SummersIndiana Supreme Court · 1887
  5. Fox v. MinorCalifornia Supreme Court · 1867

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3Cited by10 opinions

  1. Title Guaranty & Surety Co. v. FosterSupreme Court of Oklahoma · 1921
  2. Crawfordsville Trust Co. v. RamseyIndiana Supreme Court · 1912
  3. Mak-Saw-Ba Club v. CoffinIndiana Supreme Court · 1907
  4. Thompson v. TurnerIndiana Supreme Court · 1909
  5. Martin v. CaldwellIndiana Court of Appeals · 1911

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