Boyd v. Von Neida

This is an action against the estate of Edwin Hayward to recover upon a claim which was rejected by the administrator. The answer interposed by the administrator sets forth facts which, if true, would defeat a recovery by plaintiff upon the merits. He also alleges in the sixth paragraph of his answer, and as an absolute bar to a recovery by plaintiff, “that this action was not brought until the expiration of more than three months after the date of the rejection of said claim, and that said claim is barred by the statute of limitations.” The facts alleged show that the claim was presented to…