Indiana Court of Appeals April 27, 1898, No. 2,426 (Heath v. Carter)

Henley, J.

Appellant was the plaintiff in the lower court, and brought this action against appellee by a complaint in one paragraph in which it is alleged that appellee was at the time of the death of appellant’s intestate her husband; that in the month of October, 1876, plaintiff’s intestate died, leaving surviving her this appellee, her husband, and five chil*84dren; that during said marriage