Williams v. Dougherty

• Decision Date: 13 March 1906
• Docket Number: No. 5,847.,5,847.
• Citation: Williams v. Dougherty, 37 Ind. App. 449, 77 N. E. 305 (Ind. App. 1906)
• Parties: WILLIAMS v. DOUGHERTY.
• Court: Indiana Appellate Court

37 Ind.App. 449

77 N.E. 305

WILLIAMS

v.DOUGHERTY.

No. 5,847.¹

Appellate Court of Indiana, Division No. 2.

March 13, 1906.

Appeal from Circuit Court, Johnson County; W. J. Buckingham, Judge.

Action by Mary J. Dougherty against Henry Williams. From a judgment in favor of plaintiff, revoking the letters of administration on the estate of Adam S. Dougherty, deceased, issued to defendant, he appeals in his representative capacity. On motion to dismiss. Motion denied.

Wm. Featherngill, for appellant. C. B. Clark, W. C. Clarke, and Deupree & Slack, for appellee.

COMSTOCK, J.

Appellee filed her complaint in the Johnson circuit court, asking that letters of administration issued in vacation by the clerk of said court to the appellant on the estate of Adam S. Dougherty, deceased, and confirmed by said court in term, be set aside and declared null and void, and that the judgment of the court confirming said letters be vacated. Issues were joined by general denial. Upon a hearing of the cause judgment was rendered in favor of appellee as prayed for in the complaint. Appellee moves to dismiss the appeal upon the ground, first, that the assignment of errors does not contain the full names of all the parties to the cause appealed; second, that it shows an appeal to this court made by Henry Williams, administrator of the estate of Adam S. Dougherty, deceased, but said Henry Williams, administrator of the estate of Adam S. Dougherty, deceased, was not a party to said cause now appealed to this court; third, that the assignment is not made by Henry Williams, the party against whom the judgment in the court below was rendered, from which judgment an appeal was prayed; fourth, it does not contain any prayer for relief. Of these grounds in their order.

First. The assignment of errors is entitled, “Henry Williams, Administrator of the Estate of Adam S. Dougherty, Deceased, Appellant, v. Mary J. Dougherty, Appellee.” This gives the full names, within the rule, of the only parties to the suit. Counsel do not, in the motion or in the brief in support thereof, attempt to show that there are other parties.

The second and third reasons for dismissal may be considered together. The complaint was filed February 28, 1905, entitled “Mary J. Dougherty v. Henry Williams.” It alleges the application for letters testamentary and appointment of Henry Williams, as administrator of the estate of Adam S. Dougherty, her late husband, and asks that the appointment be revoked. Subsequently divers motions made by Henry Williams, administrator -one to require the plaintiff to verify her petition, one to strike out an exhibit filed with the petition, one to dismiss the plaintiff's petition, and one to require plaintiff to make her petition more specific-a demurrer to the complaint, an answer to the complaint, and a demurrer to the second paragraph of answer, were each filed and overruled. These motions and demurrers and answers...