Comstock v. Matthews
Supreme Court of Minnesota
Appeal by defendants, Samuel Matthews and Thomas Nolan, executors of the will of Thomas Dunn, deceased, from an order of the District Court of Dakota County, W. G. Wüliston, J., made September 13, 1892, overruling their demurrer to the complaint. The complaint stated that plaintiff, Sarah L. Comstock, owned one hundred and twenty acres of land in section two (2) township forty-one (41) north of range ten (10) west in Washburn County, Wisconsin.
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Appeal by defendants, Samuel Matthews and Thomas Nolan, executors of the will of Thomas Dunn, deceased, from an order of the District Court of Dakota County, W. G. Wüliston, J., made September 13, 1892, overruling their demurrer to the complaint. The complaint stated that plaintiff, Sarah L. Comstock, owned one hundred and twenty acres of land in section two (2) township forty-one (41) north of range ten (10) west in Washburn County, Wisconsin. That Thomas Dunn, deceased, in 1879 unlawfully cut on the land and carried away to Stillwater, Minnesota, 301,000 feet of logs and lumber and there…
1Opinion of the CourtMitchell, J.
The common-law as well as the statutory rule is that all causes of action by one against another which do not die with a person survive to the personal representative of the former and against the personal representative of the latter.
The present Probate Code (Laws 1889, ch. 46, § 107) only prohibits the bringing of actions at law for the recovery of money against the personal representative upon claims which may be presented to the probate court.
Section 104 of the same Code authorizes the presentation to the Probate Court only of claims arising upon contract, evidently intending to leave…
2Cited by29 opinions
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- Howard v. SwiftIllinois Supreme Court · 1934
- Kertson v. JohnsonSupreme Court of Minnesota · 1932
- Mueller v. ShacklettNebraska Supreme Court · 1953
- Brown v. StromSupreme Court of Minnesota · 1910
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