41 Ind. App. 317 | Ind. Ct. App. | 1908
Appellee filed in the court below a claim against the estate of John Durkin, deceased, in the sum of $50 for legal services for filing a petition for having the decedent, who had been declared a person of unsound mind, and who was then under legal guardianship, restored to sanity and declared a person of sound mind. The decedent was declared a person of unsound mind November 13, 1903. Henry Embush was appointed his legal guardian November 14, 1903. January 2, 1904, appellee filed a petition for the restoration to sanity of decedent. ■ The decedent died January 4, 1904. The petition for restoration was dismissed January 5, 1904. The cause was put at issue, and the court found in favor of appellee in the sum of- $50.
Two specifications of error are assigned: (1) The overruling of appellant’s demurrer to the complaint of appellee; (2) the overruling of his motion for a new trial. In support of the first specification of error, it is pointed out that the claim was filed in the name of P. W. Prye, instead of Philip W. Prye, and, as this appeared on the face of the claim, appellant insists that it was subject to demurrer.
Judgment is reversed, with instructions to sustain appellant’s motion for a new trial.