Hart v. Bjerke
South Dakota Supreme Court
Appeal from Circuit Court, Day County. Hon. Thos. L. Boucic, Judge. Action by Harry E. Hart against N. E. Bjerke, administrator of Emil K. Bjerke, deceased, upon a claim against decedent, which was the subject of a pending suit at the death of decedent. From a judgment for plaintiff, and from an, order denying a new trial, defendant appeals. Appellant cited: Raws 1913, Ch. 207; Const. Art. 5, Sec. 20; In re Sjurson, 137 N. W. 341; State ex rel.
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Appeal from Circuit Court, Day County. Hon. Thos. L. Boucic, Judge. Action by Harry E. Hart against N. E. Bjerke, administrator of Emil K. Bjerke, deceased, upon a claim against decedent, which was the subject of a pending suit at the death of decedent. From a judgment for plaintiff, and from an, order denying a new trial, defendant appeals. Appellant cited: Raws 1913, Ch. 207; Const. Art. 5, Sec. 20; In re Sjurson, 137 N. W. 341; State ex rel. Ochsenreiter v. Blegen, 128 N. W. 488. Respondent cited: Section 91, Code of Civil Procedure; Prob. Code, Sec. 180; Kline v. Gingery, 25 S. D. 16; 124…
1Opinion of the Court
• McCOY, J.
There was verdict and judgment in favor of plaintiff and against N. E. Bjerke, as administrator of the estate of Emil K. Bjerke. The action was commenced by the service of summons and complaint upon the defendant, Emil K. Bjerke, and after appearance and answer were made by him, but before judgment, he died, and N. E. Bjerke was- thereafter appointed and qualified as administrator. Thereafter, and before the expiration of the time set -by notice to creditors, given under the law, plaintiff presented his claim, which is the subject of this action, to said administrator for allowance…
2Cases cited3 opinions
- Gregory v. J. P. Clabrough's ExecutorsCalifornia Supreme Court · 1900
- E. M. Derby & Co. v. JackmanCalifornia Supreme Court · 1891
- Frazier v. MurphyCalifornia Supreme Court · 1901
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