71 Ind. App. 237 | Ind. Ct. App. | 1919
— The appellee filed a claim against the estate of Allen Weesner, deceased, for services alr leged to have been rendered by her to decedent, in his lifetime. The claim, not being allowed, was transferred to the issue docket for trial. Answer was filed in four paragraphs: (1) General denial; (2) six years’ statute of limitations; (3) payment; (4) set-off. The cause was submitted to a jury, which returned a verdict in favor of appellee in the sum of $875, upon which judgment was rendered.
The only error assigned and relied upon is the action of the court in overruling appellant’s motion for a new trial.
The reasons assigned therein, which we are called upon to consider on this appeal, are the following: (a) The verdict is not sustained by sufficient evidence; (b) error in admitting certain testimony; (c) error in excluding certain offered testimony; (d) error in giving instruction No. 6, requested by appellee; (e) error in giving instruction No. 10, requested by appellee.
The appellant insists that his first and second points above are well taken, because the evidence does not show that the services of appellee, rendered to him during the last six years of his decedent’s life, were worth $875, the amount of the verdict; and that therefore the verdict for this amount is not sustained by sufficient evidence and is excessive.
The claim was for services covering a period of about ten years, and there is ample evidence in the record to sustain the verdict of the jury, both as to the implied contract by deceased to pay for same, and as to said services being continuous..
The objections by appellant to certain testimony were based upon the assumption that the six-year statute of limitations applied, on the theory that the services were not continuous. What we have heretofore said disposes also of this contention. The court did not err in the matter of receiving or excluding any of the testimony complained of by appellant..
In the case of Kennedy v. Swisher (1905), 34 Ind. App. 676, 73 N. E. 724, it was said: “While the statute does not relieve a married woman from the duty of personal service for her husband and family, it vests-in her the ownership of earnings which accrue from her services for others. * * * She having performed the services, it was a question of fact whether she contributed them .as services for her hus
There is no evidence in this record that would have warranted the jury in finding that appellee had been paid for her said services.
There has been no error presented, and the judgment is therefore affirmed.