Nebraska Supreme Court February 4, 1903, No. 12,447 (McGlave v. Fitzgerald)

Lobingier, C.

In the court below plaintiff in error filed a petition containing the following averments:

*418“1. The plaintiff, who brings this action for himself and on behalf of all other creditors of the estate of John Fitzgerald, deceased, who may join herein, complains of the defendants and alleges that John Fitzgerald, late of said county of Lancaster, died intestate on the - day of