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Milligan v. Denham

Supreme Court of Indiana
Dec 12, 1990
563 N.E.2d 595 (Ind. 1990)

Opinion

No. 63S01-9012-CV-775.

December 12, 1990.

Appeal from the Pike Circuit Court; Marvin D. Stratton, Cause No. 63C01-8901-CP-5.

Jeffrey R. Kinney, Kevin J. Messmer, Bamberger, Foreman, Oswald and Hahn, Evansville, for appellants.

David V. Miller, David E. Gray, Greg A. Granger, Bowers, Harrison, Kent Miller, Evansville, for appellees.


In this will contest action, which was timely filed except for the claim that separate service by the sheriff was not achieved pursuant to Ind. Code § 29-1-7-18, the Court of Appeals reversed the trial court's dismissal. Milligan v. Denham (1990), Ind. App., 553 N.E.2d 1265. The petition to transfer, and the dissenting opinion of Chief Judge Ratliff, argue that the decision of the Court of Appeals is in conflict with Willman v. Railing (1988), Ind. App., 529 N.E.2d 122. We grant transfer to resolve this dispute.

Pursuant to Ind. Appellate Rule 11(B)(3), we expressly adopt and incorporate by reference the opinion of the Court of Appeals in the present case.

Transfer is granted and this cause is remanded to the trial court.

SHEPARD, C.J., and DeBRULER, PIVARNIK and DICKSON, JJ., concur.

GIVAN, J., dissents without opinion.


Summaries of

Milligan v. Denham

Supreme Court of Indiana
Dec 12, 1990
563 N.E.2d 595 (Ind. 1990)
Case details for

Milligan v. Denham

Case Details

Full title:JESSIE SUE GREEN MILLIGAN AND MARY ANN GREEN STONE, APPELLANTS (PLAINTIFFS…

Court:Supreme Court of Indiana

Date published: Dec 12, 1990

Citations

563 N.E.2d 595 (Ind. 1990)

Citing Cases

Willman v. Railing

19 ILE Limitations of Action § 83 (1959), citing State ex rel. Hardin v. Superior Court of Marion County…

Blackman v. Gholson

Id. Our supreme court subsequently adopted our opinion in that case. Milligan v. Denham, 563 N.E.2d 595…