Milligan v. Denham

Indiana Supreme Court

Decided December 12, 1990

Indiana Supreme Court · decided 1990-12-12

Applies IN 29 § 29-1-7-18

Relies on Willman v. Railing · Milligan v. Denham

Good law ✅— No negative treatment on recordhow we know

Decided 1990-12-12

How this case has been cited

Cited by 59 later decisions — most recently May 2016 · most notably Trytko v. Hubbell, Inc. (1994), American Management, Inc. v. MIF Realty, L.P. (1996)

2 federal appellate · 54 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.

View the full empirical analysis of this case →

PER CURIAM.

¶1In 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.

¶2Pursuant 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.

¶3Transfer 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.