Hayes v. Shirk
Indiana Supreme Court
From Fulton Circuit Court; Harry Bernetha, Judge. Action by William J. Hayes and others against Ellen W. Shirk, as executrix of the will of Milton Shirk, deceased. From a judgment for defendant, plaintiffs appeal. Transferred from Appellate Court under §1337u Burns 1901, Acts 1901, p. 590.
1Opinion of the CourtHadley, J.
Appellants instituted this action against Milton Shirk to recover a personal judgment upon contract. Before answer was filed Milton Shirk died. His death being suggested, Ellen W. Shirk, 'his executrix, was substituted as the sole party defendant, and filed a separate demurrer to the additional second and third paragraphs of the complaint. The demurrers were sustained, and, the plaintiffs refusing to amend, judgment was, on April 27, 1904, rendered against them for costs. On February 13, 1905, more than one hundred days, but within one year, after the rendition of said judgment, the record of…
2Cases cited21 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Holland v. HollandIndiana Supreme Court · 1892
- McFarlin v. StinsonSupreme Court of Georgia · 1876
- May v. HooverIndiana Supreme Court · 1887
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3Cited by12 opinions
- School Town v. SomervilleIndiana Supreme Court · 1914
- In re the Estate of MungerSupreme Court of Iowa · 1915
- Campbell v. Union Trust CompanyIndiana Supreme Court · 1949
- Johnson v. JonesIndiana Court of Appeals · 1916
- Smith, Admx. v. MassieIndiana Court of Appeals · 1931
7 more not listed; retrieve them via the Exa API.