Gribbel v. Henderson
Gribbel v. Henderson
Dissenting Opinion
dissenting:
On reconsideration of this case, I do not think that the allegations of the bill of complaint are sufficient to show chat the defendant-Executors under the Gribbel will are barred from pleading the statute of non-claim. It is my opinion that the plea of non-claim either presented an issue with the burden of proof on the defendant, or else presented a condition requiring amendments to the bill of complaint as replications are no longer available.
So the order striking the plea should be quashed.
Opinion of the Court
ON REHEARING GRANTED
A rehearing having been granted and the Court having heard oral argument and further considered the record and briefs, it is ordered that we now adhere tó our former judgment.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.