TaiLexi AI U.S. Case Law

Hoover v. Hoover

Hoover and Others v. Hoover and Another

Hoover v. Hoover, 5 Blackf. 182 (1839)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Indiana Supreme Court · State Highest Courts
Decided
November 19, 1839
Judges
Blackford
Citations
5 Blackf. 1821839 Ind. LEXIS 85
Headnotes
Errors in fact may be assigned in eases of wills, but the question arising on the assignment must be determined, not by a jury, but by the Court.
Summary
APPEAL from the Marion Circuit Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Blackford

Text extracted by OCR from a scanned original; check the original for exact wording.

Blackford, J.

Bill in chancery to set aside a will. The question as to the validity of the will was submitted to a jury. Verdict for the defendants ; and the bill dismissed.

One of the errors assigned is, that the jury have found the will to be valid, when it is not; and the appellants pray that this assignment of error may be tried by a jury. Demurrer and joinder.

The prayer annexed to this assignment of error is improper and must be struck out. The statute authorizes errors in fact to be assigned in cases of wills, but the questions arising on the assignment must be determined by the Court. Rev. Stat. 1838, p. 204.

P. Sweetser and H. Brown, for the appellants. C. Fletcher and 0. Butler, for the appellees.

The question arising on the assignment of error before us, will be examined when the cause shall be submitted, and if, according to the testimony contained in the record, the error be found to exist, the judgment will be reversed, and a new trial directed in the Circuit Court.

Per Curiam.

The demurrer is overruled, with leave to join in error.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 0 cases

No case in this database cites this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list