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WERTZBERGER, ADMR., ETC. v. HERD ET AL.

No. 18,880.

128 Ind. App. 85 (1957)

140 N.E.2d 771

WERTZBERGER, ADMINISTRATOR, ETC. v. HERD ET AL.

Court of Appeals of Indiana.

Opinion on the merits filed December 3, 1957.

Attorney(s) appearing for the Case

Arnold & Arnold, of Elkhart, Albert B. Chipman, of Plymouth, and F. LeRoy Wiltrout, of counsel, of Elkhart, for appellant.

Harry K. Cuthbertson, Sr., and Walter J. Bixler, both of Peru, for appellees.

OPINION SUSPENDING CONSIDERATION OF APPEAL

ROYSE, J.

Appellees filed their claim against the Estate of Mary Elizabeth Dickerhoof for services jointly rendered the decedent. The appellant filed answer denying the allegations of the claim and pleading payment. He also alleged in a counterclaim that the appellee Thomas Herd was indebted to the estate for money had and received and for money obtained by trick, and praying judgment on behalf of the estate.

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