COVER v. HILDEBRAN, EXRX.

No. 746.

103 Ohio App. 413 (1957)

COVER, APPELLANT, v. HILDEBRAN, EXRX., ET AL., APPELLEES.

Court of Appeals of Ohio, Darke County.

Decided March 1, 1957.


Attorney(s) appearing for the Case

Messrs. Andrews & Berridge and Mr. Paul A. Baden, for appellant.

Mr. Floyd D. Smith and Mr. Howard G. Eley, for appellees.


CRAWFORD, J.

This is an appeal on questions of law from an order of the Court of Common Pleas sustaining a motion to dismiss an action contesting the will of Bertha Billingsley, deceased. The motion contained two grounds, both of which were sustained: (1) That all necessary parties were not joined in the action, and, (2) that the action was not commenced within the time prescribed by statute. Upon this two-fold ruling...

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