Legal Opinion

Ames v. Slater

Supreme Court of Minnesota

Decided August 4, 1880PublishedCited by 2 opinions

Plaintiffs, as administrators, with the will annexed, of Levi Butler, brought this action in the district court for Bamsey county, against Slater as principal and the other defendants as sureties on Slater’s bond as administrator of one Heylin, to recover the amount of a claim of $365.15, which had been duly presented by Butler to the commissioners on Heylin’s estate, and allowed by them on December 30, 1868, when they filed their report.

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Plaintiffs, as administrators, with the will annexed, of Levi Butler, brought this action in the district court for Bamsey county, against Slater as principal and the other defendants as sureties on Slater’s bond as administrator of one Heylin, to recover the amount of a claim of $365.15, which had been duly presented by Butler to the commissioners on Heylin’s estate, and allowed by them on December 30, 1868, when they filed their report. The complaint further alleges that the total amount of debts presented to and allowed by the commissioners was $1,758.43; that in 1873, Slater obtained…

1Opinion of the Court

Berry, J.*

Isaiah B. Heylin having died intestate, leaving real and personal property in our county of Eamsey, administration de bonis non of his estate was committed by the probate court of said county to defendant Slater, and commissioners were appointed to hear and adjust claims. The-Commercial Bank of Kentucky, holding a claim against the-estate, presented the same to the probate court for allowance, but the claim was held to be barred by the failure to present-it to the commissioners for allowance. This holding was-affirmed, both in the district court and in this court. The-bank also…

2Cases cited5 opinions

  1. Payne v. HookSupreme Court of the United States · 1869
  2. Suydam v. BroadnaxSupreme Court of the United States · 1840
  3. The Union Bank of Tennessee v. Jolly's Adm'rs.Supreme Court of the United States · 1856
  4. Green's Administratrix v. CreightonSupreme Court of the United States · 1860
  5. Commercial Bank v. SlaterSupreme Court of Minnesota · 1874

3Cited by2 opinions

  1. Connecticut Mutual Life Insurance v. SchurmeierSupreme Court of Minnesota · 1912
  2. Minneapolis Street Railway Co. v. RosenbloomSupreme Court of Minnesota · 1940

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