Weathers v. Weathers

Indiana Supreme Court

Weathers v. Weathers

5 Ind. 272

DecidedJune 15, 1854

StatusPublished

This text of 5 Ind. 272 (Weathers v. Weathers) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Weathers v. Weathers, 5 Ind. 272 (Ind. 1854).

Pincite

Opinion

Perkins, J.

Petition for dower. Petition granted below. The Court proceeded in the cause and appointed com-’ missioners to assign dower without notice to the heirs.

This was erroneous. The statute under which the proceeding was. had (R. S. 1843, pp. 804, 805) provided for a trial, upon notice to the defendants, upon the question of the right to dower, before the appointment of commissioners, &c., and their appointment without such notice and trial was erroneous, at all events, where such trial was not waived.

Per Curiam. — The decree and proceedings are reversed with costs, back to the petition, with leave to the defendants to plead, &c.

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Perkins, J.

Petition for dower. Petition granted below. The Court proceeded in the cause and appointed com-’ missioners to assign dower without notice to the heirs.

This was erroneous. The statute under which the proceeding was. had (R. S. 1843, pp. 804, 805) provided for a trial, upon notice to the defendants, upon the question of the right to dower, before the appointment of commissioners, &c., and their appointment without such notice and trial was erroneous, at all events, where such trial was not waived.

Per Curiam. — The decree and proceedings are reversed with costs, back to the petition, with leave to the defendants to plead, &c.

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Bluebook (online)

5 Ind. 272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weathers-v-weathers-ind-1854.