Esterly
Esterly v. Rua
Opinion
Lead Opinion
Gilbert, J.
after stating the case as above, delivered the opinion of the court.
On the presentation of the appeal before this court, it is contended that the judgment should be reversed for the following reasons: (1) The claim presented to the administrator was not properly verified; (2) the heirs of the decedent were not made parties; (3) the claim presented to the District Court was different from that presented to the administrator; (4) the court had no jurisdiction of the subject-matter; (5) the court erred in denying the appellant a jury trial.
The first three grounds on which the judgment is now attacked are not included in the assignments of error. The assignments of error, it is true, charge that the court erred in overruling the motion of the administrator to strike out the petition, in overruling his demurrer thereto, in overruling his motion for a judgment on the pleadings, and in overruling his written objections to the introduction of any testimony; but that is all that is said in the assignments concerning those motions and the demurrer. There is no specification of the grounds of the motions or of the demurrer, and those grounds cannot be ascertained without searching the…