103 Ind. 399 | Ind. | 1885
This case is now before us for the second time. "When it was first here, the opinion and judgment of this court are reported, under the title of Taylor v. Burk, 91 Ind. 252. When the cause was remanded to the court below for a new trial, the parties appeared and some additional pleadings were filed in the cause, and rulings were made thereon by the court. Afterwards, the cause, being at issue, was tried by the court, and a finding was made for the appellee Mary A. Taylor, and against the appellant Burk, as executor of the estate of Benjamin P. Hegerman, deceased; that, after the final settlement of such decedent’s estate, there remained in the hands of appellant, as executor, a balance of $1,469, which the appellee was entitled to as the sole legatee of the decedent, under his last will. Over appellant’s motion for a new trial, the court ordered and adjudged that appellant should pay to the clerk of such court, for the use of the appellee as such sole legatee of the decedent, the aforesaid balance and the costs of this proceeding; and that, upon appellant’s full compliance with such order and judgment, the decedent’s estate should stand closed and settled, and he should be fully and finally discharged from further liability on account of his trust.
The only error complained of, in argument, on behalf of the appellant, is the decision' of the court in sustaining appellee’s motion to strike out his answer, filed below on the 6th day of March, 1884. Under this error, the only question discussed by counsel is, whether or not the answer in question stated facts sufficient to constitute a good defence. It is unnecessary for us to consider or decide this question,
The judgment is reversed with costs, and the cause is remanded with instructions to overrule appellee’s motion to strike out, and for further proceeding.
