Austin v. Willson's Executors

Decided November 15, 1863

Indiana Supreme Court · decided 1863-11-15

In February, 1859, Hiram, Willson died, testate, and his son, Byron F. Willson, and his brother, Asbury C. Willson, soon after became executors of his will. The testator, in his lifetime, was a lumber merchant, and, at his death, was the owner of a large quantity of lumber, then situated, in part, in the city of 'New Albany, Indiana, and in part in the town of Columbia, near the city of Cincinnati, Ohio.

Relies on Chandler v. Schoonover · Talbott v. Dennis

Good law ✅— No negative treatment on recordhow we know

Decided 1863-11-15

How this case has been cited

Cited by 6 later decisions — most recently July 1917

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1This case, wej think, clearly falls within the cases of Talbott, Adm’r v. Dennis, 1 Ind. 471. and Chandler, Adm’r v. Schoonover., 14 Ind. 324, if the evidence sustains the finding of the Court.

¶2The rule is, that where the evidence tends to sustain such finding, or the verdict of a jury, the appellate Court will not reverse the judgment of the Court below for alleged error in refusing a new trial. In this case, the evidence is clearly in favor of the finding below. The question of damages will come up before the lower Court, on the dissolution, by that Court, of the injunction it granted herein.

¶3The judgment is affirmed, with costs.