ELKHART CO. DEPT. PUB. WELF. v. KEHR, ETC.

No. 18,387.

233 Ind. 142 (1953)

117 N.E.2d 645

ELKHART COUNTY DEPARTMENT OF PUBLIC WELFARE v. KEHR, ADMINISTRATOR OF ESTATE OF JOHN F. KEHR, DECEASED.

Supreme Court of Indiana.

Rehearing denied June 16, 1953.

Transfer denied February 24, 1954.


ON PETITION FOR TRANSFER.

DISSENTING OPINION

EMMERT, J.

This appeal involves the adjudged priority of the widow's preferred claim for $1,000 (§ 6-711, Burns' 1933 (Supp.)) over an old-age assistance lien (§ 52-1214, Burns' 1951 Replacement) held by appellant. The facts were stipulated, appellant's motion for new trial, which questioned the sufficiency of the evidence, was overruled, and this ruling is assigned as error on appeal.

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